AgustaWestland: Christian Michel moves for bail after expiry of Section 167 deadline

British businessman Christian Michel, the alleged middleman in the AgustaWestland case has moved the Special CBI Court seeking bail in cases registered by the Central Bureau of Investigation (CBI) as well as the Enforcement Directorate (ED)..CBI Judge Arvind Kumar will hear his bail plea on February 12..The bail application filed through Advocates Sriram Parakkat, Aljo K Joseph, and Vishnu Shankar, argues that there is “no basis” to keep Michel in judicial custody anymore..Relying on Section 167(2) of Code of Criminal Procedure, 1973, the bail application submits that “an indefeasible right” to be released on bail has accrued in favour of Michel as neither CBI nor ED has filed a chargesheet within the stipulated 60-day period..Since the accused has been in custody from December 4, 2018 in the case registered by CBI and December 22, 2018 in case by ED, the investigation had to be completed by February 03 in terms of Section 167(2), the application states..The Application also clarifies that Michel is “ready and willing” to furnish bail bond as required under clause (a)(ii) of Section 167 (2)..It is CBI’s case that Michel entered into as many as 12 contracts with AgustaWestland to legitimize the illicit commission/ kickbacks of Euro 42.27 million received on procurement of VVIP helicopters by Government of India. Consequently, ED also initiated proceedings in terms of the Prevention of Money Laundering Act, 2002 against Michel..After being extradited to India from Dubai, Michel was produced before the CBI Court on December 5, and sent to CBI custody for five days. On subsequent hearings, the custody was extended for another five days, and then for four more days. On December 22, he was sent to 7 days ED custody by the CBI Court..The CBI Court on January 5, had sent Michel to judicial custody till February 26..Michel’s earlier bail application in the CBI case was rejected by the CBI Court on December 22 after it observed that investigation was at a “crucial stage” which did not make it a “fit case” for bail.