Delhi’s court refused to release Christian Michel James, an alleged mediator in the controversial agreement Agustawestland VVIP Chopper, decided that he had not yet fulfilled the maximum punishment for charging against him.
Special judge Sanjay Jindal, in order of 7 August, rejected Michel’s request for release pursuant to section 436a of the law of criminal proceedings (CRPC). The Court of Justice stated that because Michel faces serious accusations under Section 467 of the Indian Criminal Code (IPC) – which bears the possibility of life imprisonment – cannot claim that he has completed the maximum period of custody valid for his case.
What was Michel’s argument for release?
Michel, who was released in December 2018, claimed that he was in custody for nearly seven years – a period claimed to have been sufficient according to the 436A CRPC, allowing prisoners to seek release if more than half of the maximum crime served for their alleged crimes.
However, the court ruled that this provision does not apply to it, given the nature and severity of the accusation. The judge added that whether the counterfeiting according to section 467 is against the IPC against Michel will be decided in the phase of frame-a at this point.
Did they consider higher courts?
Yes. The court also noted that Michel’s request for release was already reviewed and rejected by the Supreme Court and the High Court in Delhi. His argument for relief according to section 436a CRPC was “categorically” rejected earlier, referring to the inclusion of incapable crimes that attract longer imprisonment conditions, including charges under the Corruption Act.
Is Michel still in prison despite bail?
Interestingly, Michel remains in prison Tihar, although he was awarded a deposit in cases of CBI at the beginning of this year and for enforcement (ED). The Supreme Court awarded him a bail on CBI in February 2025, followed by a bail in the case of ED from the High Court in Dilli two weeks later.
According to reports, he has not yet arranged bail, allegedly due to the formalities of passports that remain unresolved.
What are the accusations against him?
CBI claims that Michel worked as a key intermediary in Agustawestland VVIP in 2010, leading to a loss of approximately EUR 398.21 million (around £2 666 crore) to the Indian cash register.
Separately indictment ED submitted in June 2016 claimed that Michel had received EUR 30 million (around £225 Crore) as a commission of an agreement – money allegedly directed through a complex network of companies.
(Tagstotranslate) Agustawestland
