Christian Michel James had sought his release on the argument that he has already spent seven years in judicial custody, which corresponds to the maximum punishment prescribed under the money laundering law in his case.
Acting on this plea, the Rouse Avenue Court on Saturday ordered the release of Christian Michel James from custody in the money laundering case connected to the controversial AugustaWestland helicopter deal. However, despite this relief, Michel will continue to remain in custody in the separate case being investigated by the Central Bureau of Investigation, as a similar application seeking his release in that matter is still pending before the court.
Michel’s request for release was based on the contention that he has already completed seven years in jail, which, according to his counsel, is the maximum sentence that can be imposed in the money laundering case. He has previously been granted bail by the Supreme Court in the CBI case and by the Delhi High Court in the money laundering case, but procedural hurdles have delayed his actual release.
Following the court’s order, Michel expressed relief and said he was pleased with the outcome. He added that he was in the process of arranging the necessary travel documents, as his passport had expired during the long period he spent in custody.
Earlier in the day, Special Judge (CBI) Sanjay Jindal heard preliminary submissions from Michel’s legal team and directed the CBI to file its response. The court has asked the agency to submit its reply by December 22.
During the hearing, Michel’s counsel, advocate Aljo K Joseph, argued that the investigation in the case has dragged on for more than 12 years without being concluded. He pointed out that Michel has already remained in custody for seven years while the probe is still incomplete, which, according to the defence, is unjust and violates basic principles of criminal law.
The court sought clarification on the conditions under which Michel could be released from jail. In response, his counsel submitted that no individual should continue to remain behind bars after serving the maximum possible sentence prescribed for the alleged offence.
Michel also personally addressed the court and assured that if released, he would fully cooperate with the trial and participate in all proceedings. His lawyer reiterated that Michel was extradited to India in December 2018 and has already served the maximum term applicable to the charges levelled against him.
Michel, a British national, was granted bail by both the Supreme Court and the Delhi High Court on the condition that he furnish bail bonds of ₹5 lakh in each case and surrender his passport. However, he has not been able to comply with these conditions so far, as his passport expired during his incarceration.
The case stems from the ₹3,600 crore AugustaWestland helicopter deal, which was registered by the CBI in 2013. Investigators have alleged that the technical specifications of the helicopters, particularly the permissible flying height, were deliberately altered to favour the supplier, and that kickbacks amounting to around ₹200 crore were paid to secure the contract.
