CHRISTIAN MICHEL JAMES Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the applicant seeking regular bail in FIR/RC No. 217-2013-A-0003 registered under Sec. 120B read with Sec. 420 IPC and Ss. 7/8/9/12/13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter, referred to as the PC Act') by the respondent.

(2.) The brief facts of the case, as discernible from the material placed on record, are that on the basis of disclosure made by the then Head of External Relations of M/s Finmeccanica [holding company of M/s Agusta Westland International Ltd. (hereinafter, referred to as 'AWIL')], Italian authorities began investigation in the year 2011 regarding payment of bribes through middlemen Guido Ralph Haschke and the present applicant, in relation to supply of 12 VVIP helicopters by AWIL to the Government of India. The Office of Public Prosecutors (Naples and Rome) began telephonic/technical surveillance of Guido Ralph Haschke and others, including then CEO of M/s Finmeccanica. The surveillance revealed that AWIL had paid bribes disguised as payment to various firms for engineering jobs. During search proceedings conducted at the house of mother of Guido Ralph Haschke, various incriminating documents including a payment/balance sheet were recovered by the Swiss Police.

(3.) After investigation, a charge sheet was filed on 1/9/2017 against 12 accused persons, including Sh. S.P. Tyagi and the present applicant, under Sec. 120B read with Sec. 420 IPC and Ss. 7/8/9/12/13(2) read with Sec. 13(1)(d) PC Act and substantive offences thereof, stating that various acts of commission and omission on the part of the accused persons had resulted in a wrongful loss of Euro 392 million to the Government of India. Later, a supplementary charge sheet was also filed against the present applicant and others.