Calcutta High Court (Appellete Side)
Sujay Krishna Bhadra vs Unknown on 3 August, 2023
03.08.2023
Serial no. 1
[G.S.D]
CRM (SB) 156 of 2023
In re : An Application for Bail under Section 439 of the Code of
Criminal Procedure.
-And-
In the matter of : Sujay Krishna Bhadra
... ... Petitioner
Mr. Kishore Datta
Mr. Soumen Mohanty
Mr. Ayan Poddar
Mr. Piyush Kr. Ray
Mr. Agnish Basu
Ms. Riddhi Jain
... ... For the Petitioner
Mr. Phiroze Edulji
Mr. Samrat Goswami
Ms. Anamika Pandey
... ...For the State
This ECIR No. KLZO-II/19/2022 dated 24.6.2022 is
taken up after being reassigned by the Hon'ble the Chief
Justice, High Court, Calcutta, as it has been assured by the
Enforcement Directorate that they have not preferred any
appeal before the Hon'ble Supreme Court of India.
Mr. Datta, Learned Senior Advocate appearing for
the petitioner, has relied upon a judgment reported in
(2023) SCC OnLine SC 686 ( Satyendar Kumar Jain -vs-
Directorate of Enforcement), wherein the Hon'ble Apex Court
was pleased to hold that 'a citizen is having a right to take
treatment of his choice, at this own expenses, in a private
hospital'.
However, in the said case, the application for bail
was considered almost after a year.
In the present case, the petitioner was arrested on
30th May, 2023, thereafter, he was on parole for a
considerable period of time to complete the rituals and last
rites of his deceased wife.
The petitioner, after completing the parole on 17 th
July, 2023, have been taken into custody and since then he
is in judicial custody.
However, in the meantime, there were certain health
concerns for which he had to be shifted to SSKM Hospital.
The medical experts of the SSKM hospital arrived at a
finding, opining CABG surgery. The petitioner opts to get
such surgery at a private hospital of his choice. The
Enforcement Directorate was asked as to whether they have
any second opinion regarding the findings of the Doctors of
SSKM Hospital.
However, the written instructions, so submitted, are
not transparent regarding their instructions or objections.
Accordingly, I direct the Enforcement Directorate to
approach the doctor(s) of their choice constituting a Medical
Board, which would specifically give an opinion either
expressing their concurrence or objection in respect of the
findings of the Doctor(s)/Medical Board of SSKM Hospital
regarding the urgent surgery being required by the present
petitioner.
In view of the aforesaid, steps be taken by the
Enforcement Directorate and a Report be submitted
enclosing the medical opinion, as directed above, on 9 th
August, 2023, when this application for bail would appear
under the same heading.
The Superintendent of SSKM Hospital would
cooperate with the Officer(s) of the E.D. All Central
Government Hospitals, which would be approached by the
Enforcement Directorate, would also extend their assistance
in respect of constitution of the Board, so required.
A Photostat copy of the medical reports, since the
petitioner has been admitted in SSKM Hospital, be handed
over to the authorised representatives of the Enforcement
Directorate by 10.00 am on 4th of August, 2023.
Parties to act on a server copy of this order duly
collected from the official website of the Hon'ble High Court,
Calcutta.
(Tirthankar Ghosh, J.)
