The high court on Friday granted bail to Sujay Krishna Bhadra, also referred to as “Kalighat-er Kaku”, in connection with the Enforcement Directorate probe into alleged irregularities in recruitment for government-aided schools.
The CBI immediately moved a prayer before a CBI court at Vichar Bhavan, initiating a fresh probe to take Bhadra’s custody through the “shown arrest” route.
The bail was granted by Justice Suvra Ghosh of the high court but Bhadra may have to be in custody until the CBI’s appeal is heard.
“The ‘shown arrest’ is a process through which any investigating agency can pray before a court for keeping an arrested accused in custody even after getting bail by initiating a fresh probe,” said Jayanta Narayan Chatterjee, who practises criminal law at the high court.
After hearing the CBI’s prayer, Justice Subhendu Saha did not issue any order but directed Bhadra to be produced before the CBI court on December 9.
Whether the CBI will be granted Bhadra’s custody will be decided on December 9.
According to the rule, till the court takes any decision on the matter, Bhadra has to stay in custody even after getting bail in the ED case.
The CBI mentioned the order of the CBI court before Justice Ghosh, after which the high court judge ordered that Bhadra be present before the trial court every day the case is heard.
Bhadra, who is known for his proximity to Trinamool Congress leaders, was arrested by the ED in May last year in connection with the alleged recruitment irregularities.
The CBI, too, is probing the case and interrogated Bhadra several times at its office but is yet to take him into their custody.
CBI sources said they had moved the CBI court last month seeking a production warrant against Bhadra. The court had ordered that Bhadra be produced the next day. But he could not be produced because of medical reasons.
Bhadra later moved the high court for anticipatory bail to preempt his arrest by the CBI. The petition is yet to be heard.
Bhadra’s counsel submitted that the issuance of the production warrant be kept in abeyance till the matter came up for hearing at the high court.
“Issuance of production warrant at this stage will not be proper as the matter is sub judice,” said Bhadra’s counsel Sk Salim Rahman.
Bhadra is in the hospital of Presidency Correctional Home.