Observing that Mitra is a Cabinet minister and has the power to influence witnesses if allowed to remain free, a division bench of justices Joymalyo Bagchi and Mir Dara Sheko directed that he would remain confined to his residence at Bhowanipore in south Kolkata once he is discharged from hospital.

The bench, noting that Mitra is at present admitted to a private hospital in the city, directed that following his release from the hospital, he would be taken to his residence. It further directed that Mitra shall not move out of his house unless there was a medical emergency or requirement for investigation purposes by CBI.

CBI counsel K Raghava Charyulu submitted before the bench that under section 439 of the CrPC, the Court of Sessions must serve notice to the public prosecutor for a bail hearing.

He claimed that no such notice had been served on CBI counsel and as such the order granting bail to Mitra was illegal. The high court is at present in vacation and will reopen on November 16.
Mitra had been in the state-run SSKM Hospital since February 11 on the ground of illness and went home from there after being declared fit by a medical board of the hospital, only a day after being granted bail.

Mitra was again admitted to a private hospital on November 3 after complaining of chest discomfort, pain and sweating, at around the same time that the CBI moved the high court on that day seeking cancellation of his bail when the court sat for the day at 10.30 AM.

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