The Delhi High Court on Wednesday reserved its judgment on a petition by alleged AgustaWestland middleman Christian Michel James, who seeks relaxation of his bail conditions in the ₹3,600-crore money laundering case.
Justice Swarana Kanta Sharma heard arguments from both Michel’s counsel and the Enforcement Directorate (ED), and indicated a detailed order would follow.
Video Conferencing From Tihar Jail
Michel, participating via video link from Tihar Jail, confirmed through his lawyer that he had formally filed the application. During an earlier hearing, Justice Sharma had specifically asked whether the plea was submitted through counsel for “modification of bail conditions,” to which Michel’s team responded in the affirmative.
Requested Changes: Surety & Passport
- Furnish a ₹5 lakh surety
- Surrender His Passport To The Court
His petition argues these requirements impose undue hardship. With his old passport expired, Michel’s application notes that obtaining a new travel document from his home country could take four to eight weeks. His counsel contended: “He couldn’t be made to languish in jail even after securing bail till his passport got renewed.”
Moreover, as a foreign national, Michel claims it is virtually impossible to find an Indian resident willing to stand surety on his behalf.
ED Opposes Relaxation
Representing the Enforcement Directorate, counsel argued that both conditions are “just, fair and reasonable.” The ED highlighted Michel’s foreign nationality and lack of local ties, stressing that dispensing with a local surety would leave no guarantee of his presence during trial. Citing his prior conduct, the agency warned that waiver of these conditions would risk his non-appearance.
The ED further suggested a compromise: once Michel’s passport is renewed, the High Court could direct his embassy to either hand it over directly to the investigating officer or forward it to the trial court under sealed cover, thereby limiting any potential misuse.
Legal & Factual Background
Michel was granted bail by the Delhi High Court in the ED’s case on March 4, following his Supreme Court reprieve in a related CBI prosecution on February 18. He, along with fellow middlemen Guido Haschke and Carlo Gerosa, faces allegations relating to irregularities in the purchase of 12 VVIP helicopters from AgustaWestland.
The CBI’s chargesheet asserts the deal, inked on February 8, 2010, caused an estimated €398.21 million (₹2,666 crore) loss to the exchequer.
The ED’s June 2016 chargesheet claims Michel received €30 million (about ₹225 crore) in kickbacks from AgustaWestland.
Extradited from Dubai in December 2018, Michel was subsequently arrested by both the CBI and ED. His bail-modification plea now awaits the court’s decision, which is expected to clarify whether he must continue to meet the current bail conditions or may be granted relief in view of the passport renewal delay.
Read More: Supreme Court, Delhi High Court, States High Court, International
