Delhi court rejects Christian Michel’s plea for release in the AgustaWestland VVIP chopper scam CBI case, citing Section 467 IPC charges carrying life imprisonment, making Section 436A CrPC inapplicable.
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NEW DELHI: A Delhi court has dismissed the plea of British national Christian Michel, alleged middleman in the AgustaWestland VVIP chopper corruption case, who sought release under Section 436A of the Criminal Procedure Code (CrPC) on the ground that he had spent more than the maximum permissible jail term for the offences he was extradited for.
Court’s Observations
Special Judge (PC Act) Sanjay Jindal of the Rouse Avenue Courts dismissed Michel’s contention that he had already spent more than seven years in jail, the maximum sentence for the offences he claimed applied to him when extradited to India in 2018.
The court pointed out that in addition to charges of cheating, criminal conspiracy, and bribery, the Central Bureau of Investigation (CBI) has also invoked Section 467 of the Indian Penal Code (IPC), which deals with forgery of valuable security and carries the punishment of life imprisonment.
The judge said:
“Considering the allegations under Section 467 IPC which entails life imprisonment, it cannot be said that the accused has already undergone the period of maximum punishment prescribed for the alleged offences.”
Background of the Case
The AgustaWestland VVIP chopper scam involves allegations of 42.27 million euros in kickbacks paid to secure a contract from the then Congress-led government for supplying helicopters for VVIP transport. According to the CBI, Christian Michel allegedly entered into twelve sham contracts with AgustaWestland to disguise illicit payments, with bribes routed through bank accounts in the UK and UAE.
He was extradited to India on December 4, 2018, arrested by the CBI, and subsequently taken into custody by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA).
Although the Supreme Court granted him bail in the CBI case in February 2025 and the Delhi High Court extended bail in the ED case in March 2025, Michel continues to remain in Tihar Jail as he has been unable to fulfil certain bail conditions, including providing a local address.
Arguments
Michel’s counsel argued that:
- He was extradited from the UAE in December 2018 under the India–UAE Extradition Treaty for offences under Sections 120B, 415, and 420 of the IPC (criminal conspiracy, cheating) and provisions of the Prevention of Corruption Act, each carrying a maximum sentence of seven years.
- Counting his pre-extradition detention in the UAE (123 days) and post-extradition custody in India, he had already spent over seven years in detention.
- Therefore, he was entitled to release under Section 436A CrPC, which limits undertrial detention to half of the maximum sentence prescribed for the alleged offences.
The defence also invoked Article 17 of the Extradition Treaty and Section 21 of the Extradition Act, 1962 (Doctrine of Speciality), arguing that Michel could not be tried for offences beyond those specified in the extradition order.
The Central Bureau of Investigation (CBI) opposed the plea, highlighting that:
- Michel is also charged under Section 467 IPC (forgery), which carries life imprisonment.
- The Delhi High Court and Supreme Court have already upheld the applicability of Section 467 IPC in his case.
- Since life imprisonment is prescribed for one of the alleged offences, Section 436A CrPC does not apply.
Michel’s application for release under Section 436A CrPC was dismissed. The case will next be heard on September 12, 2025.
Case Title:
CBI V SP Tyagi & Ors
SC/16/2019
READ ORDER HERE
