AgustaWestland chopper scam: Accused Michel can't be released, CBI, ED tell Delhi court
'This is a case where he's seeking a release… this can't be granted. He has been granted bail in both CBI and ED cases but he's not coming out for whatever reasons,' said Special Public Prosecutor (SPP) and Senior Advocate D P Singh who represented the probe agency before the court.
Michel is seeking a release on the grounds that he has already undergone the period of maximum sentence of seven years for the offences he has been charged with. It was argued by Aljo K Joseph, his lawyer, that Michel was entitled to be released under the provisions of Section 436A of the CrPC (maximum period for which an undertrial prisoner can be detained).
Michel had been extradited to India on December 4, 2018 and was arrested by the CBI on arrival. Later, he was also arrested by the Enforcement Directorate. On February 18, 2025, Michel was granted bail in the CBI's case by the Supreme Court. A fortnight later, he was granted bail by the Delhi HC in the ED case. But he has refused to furnish the bail bonds and is still staying in Tihar jail, awaiting the renewal of his passport.
'After charges are framed… he has to plead guilty. Only then can my lords say that his sentence is over. Otherwise he has to approach a constitutional court by way of writ,' SPP Singh said.
Special Public Prosecutor N K Matta, who appeared for ED, said: 'Remission can be considered only after punishment. Another submission I would like to make… seven years of punishment have not been completed in the ED's case,' he said. Special Judge Sanjay Jindal of Rouse Avenue Courts kept the matter for Tuesday.
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