The Supreme Court on Tuesday granted bail to alleged middleman Christian Michel James in the purported Rs 3,600-crore AgustaWestland case being probed by the CBI.
A bench of Justices Vikram Nath and Sandeep Mehta observed James was in custody for the past six years while the investigation in the matter was still underway.
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James, however, cannot walk out of jail as he faces a related money laundering case and his bail plea is pending in the Delhi High Court.
"Petitioner was extradited in 2018 and has been in custody for more than 6 years now. According to CBI despite filing two chargesheets and a supplementary chargesheet, the investigation is still ongoing. We are inclined to grant bail on such terms and conditions as determined by the trial court. The CBI will make appropriate request to the trial court for imposing necessary conditions ," said the bench.
The top court said James would be released on bail, subject to terms and conditions decided by the trial court.
The counsel for the CBI sought time saying the additional solicitor general was unavailable for arguments.
When the bench showed its inclination to grant bail, the CBI's lawyer said the plea was filed only in terms of seeking bail on medical grounds.
The court subsequently questioned the delay in the investigation and the trial in the case.
It said given the speed, the trial would not conclude in 25 years.
Advocates Aljo K Joseph and Vishnu Shankar, representing James, referred to his six-year long incarceration.
The top court on Dec. 6 sought the CBI's response on his plea and issued notice to the agency.
The alleged scam relates to the irregularities following the purchase of 12 VVIP helicopters from chopper design and manufacturing company AgustaWestland.
James moved the apex court challenging the Delhi High Court's September 25, 2024 order refusing him bail in the case.
British national James was extradited from Dubai in December 2018 and arrested subsequently.
The high court earlier dismissed his bail application, observing there was no significant change in circumstances from the time when his earlier bail pleas were rejected.
He is one among three alleged middlemen in the case. Guido Haschke and Carlo Gerosa are the other two.
The CBI chargesheet alleged an estimated loss of 398.21 million euros (about Rs 2,666 crore) to the exchequer due to the deal signed on Feb. 8, 2010, for the supply of VVIP choppers worth 556.262 million euros.
The Enforcement Directorate, in its chargesheet filed against James in June 2016, in a related money laundering case, alleged he received 30 million euros (about Rs 225 crore) from AgustaWestland.
On Feb. 7, 2023, the top court denied bail to James while rejecting his submission that he had completed half of the maximum sentence in the cases.
Previously, the high court dismissed his bail applications in both the CBI and ED cases in March 2022.
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