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2023 Supreme(SC) 909

PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Christian Michel James – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates Appeared:
Mr. Aljo K. Joseph, Advocate, Mr. M S.Vishnu Shankar, Advocate, Mr. Sriram P., Advocate, for the Appellant; Mr. Sanjay Jain, A.S.G., Mr. Zoheb Hussain, Advocate, Mr. B.K. Satija, Advocate, Mr. Adit Khorana, Advocate, Mr. Annam Venkatesh, Advocate, Ms. Sairica Raju, Advocate, Mr. Rahul Mishra, Advocate, Mr. Ashutosh Ghade, Advocate, Mr. Zoheb Hussain, Advocate, Mr. Bhuvan Mishra, Advocate, Mrs. Swati Ghirdiyal, Advocate, Mr. Arkaj Kumar, Advocate, Ms. Ashima Gupta, Advocate, Mr. Annam Venkatesh, Advocate, Mr. Mukesh Kumar Maroria, Advocate, Mr. Arvind Kumar Sharma, Advocate, for the Appellant.

ORDER

1. Counsel appearing on behalf of the petitioner relied on the provisions of Section 436A of the Code of Criminal Procedure 1973 ['CrPC'] in aid of the submission that the petitioner has completed half of the maximum sentence and is, therefore, entitled to bail.

    2. We are not inclined to accept the submission of the petitioner. The extradition decree in Dubai, on which the petitioner places reliance, provides as follows:

      'Whereas the case is related to the extradition of Christian James Michael, British citizen, to the Indian authorities on charge of "misuse of occupation or position, money laundering, collusion, fraud, misappropriation and offering illegal gratification". Whereas the merits of the extradition request are briefed in that the Indian authorities requested the UAE to extradite Christian James Michael, British citizen, on charge of misuse of position or job, money laundering, collusion, fraud, misappropriation and offering illegal gratification within the territory of the requesting country. An arrest warrant was issued by the court in the requesting state.' (emphasis supplied)

    3. The purport of the decree is to cover several offences which have been highlighted abov

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