SC denies interim bail to Christian Michel

Satya Prakash

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Tribune News Service

New Delhi, April 22

The Supreme Court on Wednesday refused to grant interim bail to AgustaWestland scam case accused Christian Michel who had sought to be enlarged as he feared COVID19 infection in jail.

A Bench headed by Justice Sanjay Kishan Kaul agreed with the Delhi High Court’s finding that his apprehension of COVID19 infection in prison was “unfounded”.

Fifty-nine-year-old Michel — an alleged middleman arrested in connection with the AgustaWestland VVIP chopper scam cases lodged by CBI and ED — was extradited from Dubai and was arrested by the ED on December 22, 2018.

Michael is one of the three alleged middlemen being probed by the ED and the CBI, the other two being Guido Haschke and Carlo Gerosa. He has been in judicial custody since January 5, 2019. The trial court had denied him bail.

Fearing COVID-19 infection in Tihar Jail, Christian Michel James had on March 26 moved the Delhi High Court seeking interim bail in cases registered against him by the CBI and Enforcement Directorate. He chose to approach the top court as his plea was not taken up for hearing immediately by the high court. But the SC had sent him back to the high court which rejected his plea.

The CBI and the ED had contended that he should not be released as he had a nexus with influential people and can influence witnesses.

In his application, Michael contended he had a history of bad health which will make him an easy prey to Coronavirus. He also referred to a recent top court order asking states and union territories to set up high level committees to decide on the prisoners eligible be released on parole to avoid overcrowding in prisons in view of COVID19 pandemic.

The agedness and a pre-existing ill state of health will make the applicant’s (Michel) body more susceptible to the said infection than any other ordinary prisoner with a normal health condition,” his petition read.

Michel’s health condition needed to be monitored and treated and he requires home-like environment where the risk of contagion is less and social distancing can be effectively practiced, it submitted.

On nanuary 5 last year, he was sent to judicial custody in the ED case. He is also lodged in judicial custody in another case registered by the CBI in connection with the scam.