New Delhi [India], August 5 : The Central Bureau of Investigation (CBI) on Monday argued that Christian Michel James cannot be and should not be released without pleading guilty after framing of charges.
British National James seeking release from custody on the ground that he has spent a period in custody equivalent to a maximum punishment of 7 years.
He is on bail in both the CBI and ED's Money laundering case, but still in custody due to non-filing of the bail bond. He has to surrender his passport to the court, which has already expired.
James was extradited to India on December 4, 2018 and was arrested by the CBI. Thereafter, he was arrested by the ED in the money laundering case.
Special CBI Judge Sanjay Jindal heard the arguments on the application moved by Christian Michel James.
Special Public Prosecutor (SPP) Senior Advocate D P Singh, along with Manu Mishra, argued that James shouldn't be granted release from jail just because he has undergone a period of 7 years in custody.
It was further argued by the CBI's counsel that framing of charges has to take place. In case, even if charges under section 467 (Forgery) IPC are not framed against him, he cannot be released without pleading guilty. Section 476 IPC has maximum punishment upto life imprisonment.
"Only then can my lords say that his sentence is now over. Otherwise, he has to approach a constitutional court," the CBI counsel submitted.
On the other hand, advocate Aljo K Joseph, counsel for the accused, argued that he was entitled to be released under the provisions of Section 436A of the CrPC.
Special Public Prosecutor (SPP) NK Matta, who appeared for the ED, submitted that the condition of extradition doesn't apply to the case. Enforcement Directorate (ED) as he was arrested subsequently to the arrest by the CBI.
SPP Matta also submitted that remission can be considered only after punishment. The seven years of punishment have not been completed in the ED's case.
The court will continue to hear submissions on Tuesday also.