Court dismisses Michel's plea for default bail

A Delhi court on Saturday dismissed a plea by Christian Michel, an extradited middleman in AgustaWestland scam case, for default bail in view of the failure of the CBI to file charge sheet within a statutory period of 60 days.

Special Judge Arvind Kumar rejected the applications as the CBI and the Enforcement Directorate opposed his contention.

Michel's counsel Aljo K Joseph filed two separate petitions on behalf of Michel, a British national, in the cases registered by the CBI and ED.

"Since the accused had been in custody from 04.12.208, in terms of Section 167(2) of the Code of Criminal procedure, the investigation had to be completed by 03/02/2019. Since the charge sheet was not filed against him within the stipulated 60-day period under Section 167(2). There is no basis keep the applicant in judiciary custody" his plea stated.

Michel was arrested in the UAE and extradited to India on December 4, 2018.

He faced charges of corruption and money laundering in the AgustaWestland VVIP chopper purchase scam.

Michel's application cited the law laid down on the rights of an accused who is in custody pending investigation and where the investigation is not completed within the period prescribed under Section 167(2) of the Code.

Citing several judgements, it stated on the expiry of the said period of 90 days or 60 days, as the case may be, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in the completion of the investigation. The accused is entitled to be released on bail, it added.