AgustaWestland: CBI, ED oppose Christian Michel’s plea for statutory bail under Sec 167 CrPC

The Central Bureau of Investigation (CBI) as well as the Enforcement Directorate (ED) has opposed British businessman Christian Michel’s bail plea in connection with the AgustaWestland case..Michel is an alleged middleman who 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..The hearing would take place on February 13 before CBI Judge Arvind Kumar. Meanwhile, the Court today also allowed Michel’s Italian lawyer Rosemary Patrizi to meet him in her capacity as a friend as per Jail Rules..Last week, Michel had moved the Special CBI Court seeking statutory bail in terms of Section 167(2) of the Criminal Procedure Code, 1973. The bail application, filed through Advocates Sriram Parakkat, Aljo K Joseph, and Vishnu Shankar, argued that since Michel has been in custody from December 4, 2018 in the case registered by the CBI and December 22, 2018 in case by the ED, the investigation had to be completed by February 3 in terms of Section 167(2), failing which Michel was entitled to statutory bail..In its reply submitted to the Court, the CBI has argued that Sec 167(2) would not be applicable to the present case as charge sheet has already been filed and the processes have been issued by the Court against the accused persons including Michel..Legal provision of Section 167 of CrPC speaks of statutory bail of accused person in custody when the charge sheet has not been filed, CBI has stated..It has further submitted that Michel left India in 2013 and after sufficient evidence surfaced during the investigation, a chargesheet was filed on September 1, 2017 by the Agency..Currently, further investigation under Section 173(8) of CrPC is continuing to ascertain involvement of other accused public servants of different departments and private persons who are suspected to be involved in the case, the reply reads..The ED has also informed the Court that it is in the process of filing a comprehensive Prosecution Complaint..“There is very likelihood that if he is granted bail, he may abscond from India, evading process of law and may not even return to India.. Keeping in mind the facts and circumstances, there also exists a security threat for the applicant-accused, if enlarged on bail.“.Stating that the investigation in AgustaWestland is at a very crucial stage and many other accused/ witnesses have also joined investigation, the investigating agencies have thus prayed for dismissal of Michel’s bail plea..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..The Investigating Agencies are represented by SPP DP Singh.