Thread by @barandbench

#SupremeCourt is hearing bail plea by
Christian Michel James, the alleged middleman in the AgustaWestland chopper scam

Counsel seeks a Passover

CJI DY Chandrachud: it is okay. You argue. Every time we cannot adjourn because ASG is not here. We will hear and pass some order #AugustaWestland

Adv Aljo Joseph arguing for the petitioner: #ChristianMichel

Joseph: He cannot be tried for any other offence apart for the one he was extradited for (reads a judgment) #ChristianMichel

Joseph: Please read the extradition decree. It is there in the @dir_ed counter affidavit. 4 years 2 months completed in India. #christianmichel

Joseph: Please see Section 436(m) of the CrPC

CJI: which are the 2 SLPs

Joseph: one is by CBI and one by ED

Joseph: All those who were extradited all got bail and Christian Michel even served 50 percent of the sentence. #ChristianMichel

CJI: when there is continued detention there must be reasons in writing which means that it has to be used sparingly #SupremeCourt

ASG: there is money laundering, collusion, illegal gratification among other charges of PMLA etc

#ChristianMichel

CJI: What stage the trial is in ? Assuming he is not entitled to bail under 436A, he has already put 4.5 years. What about it

ASG: HC considered it and rejected it

Justice JB Pardiwala: Prima facie we say 436A will have no application

CJI: but we have to answer why can he be denied regular bail?

Justice Pardiwala: still probe is going on and there is no chargesheet

CJI: how long will you keep him in custody ?

Justice Narasimha: it cannot be open ended from your side. You must say a time.

ASG: till the letters rogatory are answered..

Joseph: 1100 documents and over 300 witnesses to be examined

CJI: HC has held against you in regular bail is flight risk. How will you assure the court that you will not pose a flight risk.

Joseph: they visited thrice in Dubai and I cooperated. When confessional statement was not given they extradited me as a quid pro quo.b

CJI: how long will the process of LRs continue? ,2 years, 3 years.. ? Tell us by when it will conclude? It cannot go on endlessly #ChristianMichel

CJI: you can apply for regular bail in court and we dismiss the contention of 436A. We are not with you on 436A.

Order

CJI: Adv appearing for petitioner pressed 436A Crpc in aid of his submission that he has served half the maximum sentence. We are not inclined to accept contention of petitioner. The extradition decree which has been relied upon by petitioner dated 4.12.2018..

CJI:... Petitioner lawyer relies on latter extracts from extradition decree.. says unamended provisions of 1988 prevention of corruption act were amended by Act 1 of 2014 and then substituted by Act 16 2018.

CJI: Thus it is argued that max sentence will be 7 years and 5 years as per PC Act. Since petitioner was arrested on Dec 4 2018 he has already undergone 4 years 2 months undertrial custody..

CJI: ..and that as per 436A he is entitled to bail. First proviso to 436A says period more than detention can be granted or release on bail with personal bond. Article 7 of extradition treaty between India UAE consists following

CJI: it has emerged before the court that bail is being sought under 436A and that cannot be granted. #ChristianMichel

CJI: the provisions of Section 436A would not be applicable in this case. We find no merit in the SLP. We clarify that present order shall not come in the way of approaching trial court for regular bail #ChristianMichel