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2023 Supreme(Cal) 280

AJAY KUMAR GUPTA, JOYMALYA BAGCHI
In Re: Vikas Mishra @ Vikash Mishra – Appellant
Versus
. – Respondent


Advocates appeared:
For the Parties:Kishore Dutta, Senior Advocate, Kallol Mondal, M.N. Ray, R. Singh, Advocates.

JUDGMENT

1. It is common knowledge there is opacity in the prison system. But when opacity interferes with implementation of judicial orders, the Court cannot turn a blind eye.

2. Factual matrix giving rise to the contempt proceeding against the alleged contemnor viz. Superintendent, Presidency Correctional Home is as follows :-

3. One Vikas Mishra @ Vikash Mishra, an influential businessman, was re-arrested on 09.12.2021 in connection with investigation regarding illegal pilferage of coal by the coal Mafia in collusion with ECL officials in the coal mines of Asansol. Immediately after his arrest, he was admitted to a private hospital. Thereafter, he was shifted to Asansol District Hospital and therefrom to a teaching hospital viz. SSKM Hospital, Kolkata. As his prayer for statutory bail was turned down by the Special Judge, Vikas Mishra @ Vikash Mishra approached this court.

4. During hearing of the bail application, it was strenuously argued on behalf of the learned Advocate for the CBI that the under trial had evaded interrogation on the excuse of ill-health and hospitalisation. Balancing the competing interest of custodial interrogation on one hand and ensuring adequate medical att

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