New Delhi: The Delhi High Court on Tuesday (March 4) granted bail to alleged middleman Christian Michel James in the Rs 3,600 crore AgustaWestland money laundering case.
Justice Swarana Kanta Sharma, who had reserved the order on the bail plea of James on February 28, granted bail to James, taking into consideration his long incarnation of over six years and the fact that the trial in the case is yet to start.
James has already been in custody for over six years and the trial has not even commenced, High Court noted
“The present case presents an exceptional situation where the applicant has already been in custody for over six years and two months, yet the trial has not even commenced due to the incomplete investigation. Such prolonged incarceration, without any foreseeable conclusion of trial, would infringe upon the applicant’s fundamental right to a speedy trial under Article 21 of the Constitution,” the High Court said.
Apex court granted James bail in CBI case, High Court noted
The High Court also noted that the Supreme Court recently granted bail to James in a case registered by the Central Bureau of Investigation (CBI).
“Considering the period of incarceration of about six years and two months undergone by the applicant, and in view of the fact that he has also been granted bail in the case pertaining to predicate offence by the Hon‟ble Supreme Court on the ground that the investigation has not been completed and the trial has not even begun, and considering that there seems to be no possibility of trial in this case concluding too within the remaining duration of the maximum prescribed sentence under Section 4 of PMLA, inasmuch as the same has not even begun as of now, this Court is inclined to grant regular bail to the present applicant,” the High Court said.
High Court directed James to surrender his passport
The High Court granted bail to James on furnishing a personal bond and surety in the sum of Rs 5,00,000 each and on surrendering the passport before the trial court and made it clear that his passport would not be released without permission of the High Court, considering that investigation qua the present applicant is still pending.
James, a British national, was extradited from Dubai in 2018
James, a British national, was extradited from Dubai in December, 2018 and he was subsequently arrested in the alleged Rs 3,600-crore scam case relating to the purchase of 12 VVIP helicopters from chopper design and manufacturing company AgustaWestland.
Apex court recently granted bail to James in CBI case
The Supreme Court had on February 18 granted bail to James in the CBI case, taking into consideration that he was in custody in the case for the last six years and the investigation into the matter is still underway.
