In a significant relief for British national and alleged middleman Christian Michel James, the Delhi High Court on Thursday modified his bail conditions in connection with the Rs 3,600-crore AgustaWestland money laundering case being probed by the Enforcement Directorate (ED).
Justice Swarana Kanta Sharma noted that James, who lacks roots in India and was unable to arrange a local surety, should now furnish a personal bond of Rs 5 lakh along with a cash surety of Rs 10 lakh—an increase from the earlier requirement of furnishing a surety bond of Rs 5 lakh.
The court also relaxed the condition requiring James to surrender his passport, considering that the document has already expired. Instead, it directed that the British High Commission, or the concerned authority, must ensure that any renewed passport is not handed to James but directly submitted to the trial court, with due intimation to the High Court. Additionally, the Foreigners Regional Registration Office (FRRO) must ensure that James does not leave the country.
“The presence of the accused is essential to ensure the effective conduct of the trial, and while genuine inability to furnish surety can be considered, it must not compromise the integrity of the judicial process,” the court observed.
Further safeguards include the verification of James’ intended residential address before release and his mandatory appearance before the ED or investigating officer once every 15 days.
James’ counsel, Aljo K Joseph, argued that his client cannot be made to remain in jail while awaiting passport renewal, which could take four to eight weeks. He also cited the practical challenge of arranging a local surety for a foreign national.
However, the ED opposed any relaxation, arguing that James poses a flight risk and lacks any roots in India. The agency maintained that the bail conditions were “just and reasonable,” and raised concerns about his future availability if the court relaxed the requirements.
James was extradited from Dubai in December 2018 and subsequently arrested by the CBI and the ED. He is one of the three alleged middlemen in the AgustaWestland deal, along with Guido Haschke and Carlo Gerosa. The CBI claims that irregularities in the procurement of 12 VVIP helicopters from Italian firm AgustaWestland led to a loss of approximately Rs 2,666 crore to the exchequer. According to the ED, James received around 30 million euros (Rs 225 crore) as part of the kickbacks.
The High Court had granted James bail in the ED case on March 4, 2025, while the Supreme Court had earlier granted him relief in a related CBI matter on February 18.
