NEW DELHI: Delhi high court granted bail on Tuesday to alleged middleman Christian Michel James in the Rs 3,600-crore AgustaWestland money laundering case over six years after he was arrested, noting that it was an “exceptional situation” where his incarceration was “alarmingly close to the maximum punishment” but the trial had not yet commenced due to incomplete investigation.
With high court giving him bail in ED case, and Supreme Court already having allowed his release in main CBI case on Feb 18, James can walk out of prison once all the paperwork and formalities are complete.
Justice Swarana Kanta Sharma took note of James’ prolonged incarceration “without any foreseeable conclusion of trial”, pointing out it would infringe his fundamental right to a speedy trial under Article 21 of the Constitution, which overrode the statutory bar on bail under the anti-money laundering law.
Section 45 of the Prevention of Money Laundering Act, the judge said, imposed stringent conditions for the grant of bail, but the provision cannot be interpreted in a manner to confine the accused in judicial custody for an indefinite period.
“The present case is not one where the applicant’s custody is only marginally beyond the halfway mark. Instead, the applicant was in custody for over six years and two months … without even being adjudicated guilty,” the court said.
It added that more than 100 witnesses are to be examined in the case and there are more than 1,000 documents relied upon by the prosecution. “Given that the trial is unlikely to conclude before the applicant completes even seven years in jail, further incarceration would render the entire purpose of a trial meaningless,” HC said in its 22-page order.
The relief came on a bond and a surety of Rs 5 lakh each, aside from surrendering his passport before the trial court. Considering the directions of the Supreme Court, the court asked the ED to request the trial court to impose the necessary conditions before releasing James on bail since the probe agencies expressed apprehension that he may leave the country.
James, the high court added, would extend all co-operation in the investigation and during the trial.
The CBI and ED have alleged irregularities in the purchase of 12 VVIP helicopters from the Italian manufacturing company.
