A Delhi court has refused to release Christian Michel James, the alleged middleman in the controversial AgustaWestland VVIP chopper deal, ruling that he has not yet served the maximum sentence for the charges levelled against him.
Special Judge Sanjay Jindal, in an order dated 7 August, dismissed Michel’s application for release under Section 436A of the Code of Criminal Procedure (CrPC). The court stated that since Michel faces serious charges under Section 467 of the Indian Penal Code (IPC) — which carries the possibility of life imprisonment — he cannot claim to have completed the maximum period of custody applicable to his case.
What was Michel’s argument for release?
Michel, who was extradited from Dubai in December 2018, argued that he had been in judicial custody for nearly seven years — a period he claimed was sufficient under Section 436A CrPC, which permits undertrial prisoners to seek release if they have served more than half of the maximum sentence for their alleged offences.
However, the court ruled that this provision does not apply to him, given the nature and severity of the allegations. The judge added that the question of whether the forgery charge under Section 467 IPC stands against Michel will be decided at the charge-framing stage — and cannot be dismissed at this point.
Have higher courts weighed in?
Yes. The court also noted that Michel’s plea for release had already been reviewed and rejected by both the Supreme Court of India and the Delhi High Court. His argument for relief under Section 436A CrPC had been “categorically” turned down earlier, citing the inclusion of non-bailable offences that attract longer terms of imprisonment, including charges under the Prevention of Corruption Act.
Is Michel still in prison despite bail?
Interestingly, Michel remains in Tihar Jail, even though he was granted bail in both the CBI and Enforcement Directorate (ED) cases earlier this year. The Supreme Court granted him bail in the CBI case in February 2025, followed by bail in the ED case from the Delhi High Court just two weeks later.
According to reports, he has not yet furnished bail bonds, reportedly due to passport-related formalities that remain unresolved.
What are the charges against him?
The CBI alleges that Michel acted as a key intermediary in the 2010 AgustaWestland VVIP helicopter deal, which led to a loss of approximately €398.21 million (around ₹2,666 crore) to the Indian exchequer.
Separately, the ED’s chargesheet, filed in June 2016, claimed Michel received €30 million (around ₹225 crore) as kickbacks from the deal — money allegedly routed through a complex network of companies.