AgustaWestland case: Court reserves order on Christian Michel James's plea for modification of bail conditions

New Delhi [India], December 22 : The Rouse Avenue court on Monday reserved an order on the application moved by the accused Christian Michel James. He has sought a direction to modify the bail conditions in the AgustaWestland chopper CBI case.
James, a British National, is an accused in the CBI case concerning the AgustaWestland VIP Chopper deal. He has been in custody since December 4, 2018, after his arrest by the CBI on his extradition from Dubai.
Special Judge (CBI) Sanjay Jindal reserved the order after hearing the submissions of counsel for the accused and Special Public Prosecutor D P Singh, assisted by Advocate Manu Mishra.
The court is to pronounce an order on December 23.
On Saturday, the court had ordered the release of Christian Michel James in the money laundering case linked with the AgustaWestland chopper case.
It is mentioned on behalf of Christian Michel James that he has served the maximum sentence of 7 years for the offences alleged against him and for which he was extradited.
On the other hand, it is the arguements of the CBI that James has also been charged sheeted for the offence of forgery under section 467 of the IPC. The maximum sentence in this section is upto life imprisonment.
Advocate Aljo K Joseph appeared for James and submitted that, as per the extradition rules, a person cannot be charged for an offence for which his extradition is sought.
It was also argued that the offence under Section 467 of the IPC was not mentioned in the extradition request. The Central authority to send an extradition request is the Ministry of Home Affairs. In this case, the request was sent by the Ministry of External Affairs. This fact was not mentioned by the Prosecution to the court.
Counsel for the accused also argued that the question of life and liberty is also at stake. The accused is in custody for a prolonged period without a trial, even without being framed with charges.
On the other hand, the SPP D P Singh and Manu Mishra contended that all the submissions raised by the counsel for the accused were answered upto the Supreme Court.
The offence under section 467 IPC can be dealt with at the stage of framing of charges. The CBI also submitted that the accused is in custody of his own will as he has not furnished a bail bond despite the grant of bail.
After hearing the submissions, the court reserved the order on the application.
The court also asked the investigation officer to file on record the communication made to the FRRO. The counsel for the accused had raised a submission that if the Accused is released from custody, he can be arrested again, as he has no valid visa or other documents.
It is a case linked to the Rs. 3600-crore VVIP helicopter deal. It is alleged that in order to enable the supplier to get the bid, the condition of flying height was reduced. It is alleged that a kickback of Rs 200 crore was paid. The CBI registered an FIR in 2013.