NEW DELHI: A Delhi court on Saturday ordered the release of Christian James Michel from custody in a money laundering case linked to the AgustaWestland VVIP chopper scam, holding that he has already spent the ‘maximum period’ of incarceration prescribed for the offence.Allowing Michel’s plea seeking release in the case filed by ED, special CBI judge Sanjay Jindal said: “By virtue of second proviso to section 436A CrPC (maximum period for which an undertrial prisoner can be detained) with all necessary implication as per law, he be released from jail, if not required in any other case.”However, Michel will continue to remain in jail as he is also an accused in a corruption case filed by CBI.The court noted that Michel has been charged under the Prevention of Money Laundering Act, which is punishable with imprisonment of up to seven years. It noted that he will complete seven years in custody on Dec 21. According to the second proviso, no person can be detained during investigation, inquiry or trial for more than the maximum period of imprisonment prescribed for the offence.”In view of the mandatory provisions of second proviso to section 436A CrPC, the said accused is entitled to be released accordingly and he cannot be detained in this case beyond Dec 21, 2025,” the court said. During the hearing, Michel submitted in writing that he would participate in the remaining trial, even if released. His counsel told the court that ED and CBI had been investigating the case for the last 12 years, while his client had remained in custody for nearly seven years. Despite being granted bail, the counsel argued, Michel had been unable to go home, calling the situation a “mockery of justice”.Earlier in the day, the court heard Michel’s plea seeking release in the CBI case and directed the agency to file its response. The matter has been listed for further hearing on Dec 22.Michel had approached the court seeking custodial release in both ED and CBI cases.Michel, alleged to be a middleman in the Agusta deal, was extradited from Dubai in Dec 2018, following which CBI arrested him and filed a chargesheet. The ED subsequently charged him in the money laundering probe.
