Breaking | Delhi High Court Grants Bail To Christian Michel Booked By ED In AgustaWestland Chopper Scam

The Delhi High Court on Tuesday granted bail to British Arms Counsultant Christian James Michel in the FIR registered by Enforcement Directorate (ED) in connection with the Agusta Westland chopper scam. 

Justice Swarana Kanta Sharma allowed Michel's bail application in the money laundering case.

On February 18, the Supreme Court had granted bail to Michel in the case registered by Central Bureau of Investigation (CBI) related to the alleged scam.

Justice Sharma granted bail to Michel in the money laundering case considering the period of incarceration of about six years and two months undergone by him, and in view of the fact that he has also been granted bail in the CBI case by the Supreme Court on the ground that the investigation has not been completed and the trial has not even begun.

“Therefore, in this Court‟s opinion, the prolonged incarceration of the accused, of about six years and two months, and the fact that investigation is not yet complete and trial has not yet begun, and there are more than 100 witness to be examined in this case, would entitle him to grant of regular bail, thereby overriding the statutory bar under Section 45 of PMLA and proviso to Section 436A of Cr.P.C,” the Court said.

Relying on various judgments, the Court said that while Section 45 of PMLA imposes stringent conditions for the grant of bail, the provision cannot be interpreted in a manner to confine the accused in judicial custody for an indefinite period of time. 

“The present case presents an exceptional situation where the applicant has already been in custody for over six years and two months, yet the trial has not even commenced due to the incomplete investigation. Such prolonged incarceration, without any foreseeable conclusion of trial, would infringe upon the applicant‟s fundamental right to a speedy trial under Article 21 of the Constitution,” the Court said.

The counsel appearing for Michel had submitted that the passport of Michel had already expired and that he has already spent more than six years in jail, emphasizing that PMLA has a maximum punishment of seven years.

However, ED's counsel contended that the time spent by Michel in Dubai cannot be treated as part of the period spent by him in actual custody undergone under PMLA. Furthermore, it was submitted that the twin conditions for bail under Section 45 of PMLA were not met in the case. “The Supreme Court has held that he is a flight risk,” the Counsel added.

Earlier, ED had contended that although the Apex Court recently granted bail to Michel in the predicate offence being investigated by the CBI, the money laundering case under PMLA demanded satisfaction of the twin test which was not satisfied by him.

Michel was earlier denied bail in the CBI and ED cases in relation to the alleged scam by a coordinate bench in 2022. He was arrested in December 2018 after being extradited from Dubai. He is termed as a 'Middleman' for the alleged illegal transactions that took place in the VVIP chopper scam.

The CBI had alleged that there was an estimated loss of Euro 398.21 million (about 2666 Crore) to the exchequer in the deal that was signed on February 8, 2010 for the supply of VVIP choppers worth Euro 556.262 million.

ED had then filed a chargesheet against Michel in June, 2016, alleging that he had received EUR 30 million (about Rs 225 crore) from AgustaWestland.

Advocates Aljo Joseph, Sriram Parakkat and MS Vishnu Shankar appeared for Michel.

Case Title: Christian Michel James v. ED

Citation: 2025 LiveLaw (Del) 273

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