Michel to walk out of prison as HC grants bail in ED case

The Delhi high court on Tuesday granted bail to alleged middleman Christian James Michel in the money-laundering case linked to the controversial AgustaWestland chopper deal, taking note of the agency's delay in concluding the investigation and initiating trial, coupled with Michel's period of incarceration as an under-trial.

- Shruti Kakkar

The verdict by justice Swarana Kanta Sharma entitles the 61-year-old British national to walk out of jail since he has already been granted bail by the Supreme Court in the case being probed by the Central Bureau of Investigation (CBI), subject to furnishing a personal bond and surety of ₹5 lakh and surrendering his passport before the trial court.

Though justice Sharma in her verdict acknowledged the existence of twin conditions laid down under Section 45 of the Prevention of Money Laundering Act (PMLA), the court said that prolonged incarceration of six years and two months, coupled with bleak chances of the conclusion of trial before completion of seven years in jail --the maximum punishment under the charges against him -would override the statutory bar under PMLA and Code of Criminal Procedure (now replaced by the Bharatiya Nagarik Suraksha Sanhita).

While Section 45 requires the court to be convinced that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail, the proviso to Section 436A of CrPC allows the court to extend the period of detention beyond the one-half threshold based on facts of the case.

Indefinite incarceration, justice Sharma said, would infringe Michel's fundamental right to speedy trial and render the purpose of trial meaningless.