SUBRATA BHATTACHARYA Vs. SECURITIES AND EXCHANGE BOARD OF INDIA
LAWS(SC)-2020-3-79
SUPREME COURT OF INDIA
Decided on March 27,2020

Subrata Bhattacharya Appellant
VERSUS
SECURITIES AND EXCHANGE BOARD OF INDIA Respondents

JUDGEMENT

- (1.)IA No 44572/2020 in TC(Crl) No 1 of 2016
The Court convened through Video Conferencing.
By an order dated 17 March 2020, this Court had permitted the applicant, who is lodged as an under-trial at Tihar Jail, to be escorted at 7 am on 18 March 2020 to Apollo Hospital, Sarita Vihar, New Delhi, where his spouse was to undergo a biopsy procedure. The Court directed that the applicant shall return at 4 pm. It has been stated in the application that the spouse of the applicant was operated upon for the removal of her ovaries and fallopian tube and was shifted to the ICU of Apollo Hospital on 18 March 2020.
(2.)Mr. Jai A. Dehadrai, counsel appearing on behalf of the applicant submits that apart from the applicant, there is no member of the family who is available to look after the spouse of the applicant and she is presently in the care of domestic staff. Besides the aforesaid position, we have also been apprised of the fact that the applicant's spouse had undergone three invasive open heart cardiac surgeries in the past and that she suffers from other serious medical conditions. In the past, when the applicant was released on interim bail, he had complied with the conditions which were imposed by the Court and had returned to custody as directed. He has also submitted that the passport of the applicant is lodged with the investigating officer.
(3.)Having regard to the material which has been placed on the record, we are of the view that it is necessary to order the release of the applicant on humanitarian grounds for a period of four weeks from today. We accordingly direct that the applicant be released on interim bail for a period of four weeks. During this period, the applicant shall remain confined to his residence where the spouse of the applicant is recuperating. He will be permitted to leave the residence in order to escort his spouse to Apollo Hospital, Sarita Vihar, New Delhi, as and when she goes to hospital for further consultation or treatment.
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