The Bombay High court rejected Republic T.V. Editor-in-chief, Arnab Goswami's interim bail application against his judicial custody in the alleged 2018 case of abetment to suicide of interior designer, Anvay Naik, along with two others- Feroz Shaikh and Nitish Sarda.
The Bench of Justice S.S.Shinde and M.S. Karnik pronounced the order today. The Court gave Goswami liberty to approach the Sessions Court for regular bail, noting that the application for the same would have to be decided within four days. He already moved the plea in Alibaug Sessions Court.
The bench was of the view that "No prima facie case has been made out by petitioner for invoking extra-ordinary jurisdiction...We had observed that he has remedy before the Sessions Court, the same can be availed and any observations made in our order is only for the limited purpose of this application."
Senior Advocate Harish Salve, appearing for Goswami, had argued before the Court that even if an investigation is required to be continued in the 2018 FIR, which was earlier closed in 2019, Goswami need not be kept in custody. Senior Advocate Aabad Ponda added that the bail application was before High Court only because they apprehended that the hearing in the lower court may be delayed by the Maharashtra Police till the end of the term of judicial custody.
Before reserving orders, the Court opined that it was important to consider that Goswami had approaching the Court despite having other remedies being available. The Court added that time would be required to mull over and consider the voluminous compilation of judgments submitted to them before coming to a decision.
The CJM rejected the plea for police custody. However, the Court directed that Goswami be remanded to judicial custody till November 18. This order is under challenge before the Sessions Court, which will hear the revision application filed by the Maharashtra Police today. The main plea challenging the arrest and seeking directions to quash the FIR of 2018 remains and will be heard by the Court on December 10, 2020.
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