AgustaWestland Case: Delhi Court Eases Bail Conditions for Christian Michel After 7 Years of Trial Delay

Special CBI Judge Sanjay Jindal of Rouse Avenue Court passed the order on Michel’s application seeking relaxation of bail conditions, including those relating to furnishing surety and surrender of passport.

The Court observed that charges are yet to be framed in the matter, even after prolonged incarceration and pendency.

“Despite expiry of more than seven years after the arrest of the accused Christian Michel James, the proceedings are at initial stage and charges are yet to be decided,” the judge recorded.

Taking note of similar relief granted to Michel in the connected Enforcement Directorate (ED) case by the Delhi High Court, the court held that parity warranted modification of bail conditions in the CBI matter as well. “Considering the modification of bail conditions done by the High Court in the connected ED matter, I am of the view that similar modification can be done in the present matter and the same will not cause any prejudice to the prosecution,” the Court said.

Under the modified terms, the court allowed Michel to furnish a personal bond of ₹5 lakh along with a cash surety of ₹5 lakh, instead of a personal bond and a surety bond of the same amount. The Court clarified that a surety ordinarily refers to collateral such as a fixed deposit, which Michel had sought to replace with a cash deposit.

The Court also relaxed the condition requiring Michel to surrender his passport. Accepting his submission that his passport had already expired, the judge directed that Michel may be released without depositing the passport at this stage.

However, to ensure that he does not leave the country, the court put in place additional safeguards. It directed the Foreigners Regional Registration Office (FRRO) to ensure that Michel does not travel outside India. Further, the British High Commission or the authority responsible for issuing his passport was directed to deposit any renewed passport directly with the trial court, instead of handing it over to Michel.

The Court also instructed the CBI to coordinate with the FRRO and formally communicate the modified bail conditions.

Michel was granted bail in the CBI case by the Supreme Court on February 18 this year. Subsequently, the Delhi High Court granted him bail in the ED case as well. Despite this, he continued to remain lodged in Tihar Jail due to procedural issues relating to the renewal of his passport.

Christian Michel, accused of acting as a middleman in the controversial defence deal, was extradited from Dubai to India in December 2018. Following his extradition, he was arrested by the CBI and later charge-sheeted in cases registered by both the CBI and the ED.

The AgustaWestland VVIP chopper scam relates to alleged irregularities and kickbacks paid to influence the purchase of 12 VVIP helicopters from the British-Italian firm AgustaWestland. According to the CBI, the deal caused an estimated loss of 398.21 million euros (approximately ₹2,666 crore) to the Indian exchequer. The contract, signed on February 8, 2010, was valued at 556.262 million euros.

The case continues to remain pending, with charges yet to be framed.