The Bombay High Court bench of Justice S S Shinde and M S Karnik held the special sitting at 3PM today despite the court being closed for Diwali holidays and refused to grant Interim bail to Arnab Goswami in Abetment to suicide case.
Even after the powerful submissions of Senior Advocates Harish salve and Abad Ponda made seeking the bail, the bench refuse to grant it. They clarified that the pendency of case in HC will not act as a bar for the petitioner too regular Bail u/s-439 of Cr.P.C. and the HC also added that if petitioner files for the same at the concerned court, it will be decided within four days of filing before that court.
Arnab Goswami was arrested and sent to judicial custody for 14 days on November 4th, 2020 in a 2018 abetment to suicide case.
While hearing the plea of Habeas Corpus two main arguments that were raised by the petitioner was that- i. The case is politically motivatedii. Even if allegations are admitted there is no case u/s-306 (abetment of suicide) of IPC is made out.
The case against Arnab was lodged at Raigad Police station on the basis of a suicide note by victim which mentions his name. Raigad police closed the case in 2019 itself saying they didn’t find any evidence. But now the state says that the case is not at a stage where intention of accused is to be examined when his name is already there on suicide note. And also denied the allegations of malice and demanded fair and complete investigation.
Also the court question Senior Advocates about maintainability of writ of Habeas corpus when there was option for regular bail available u/s 439, and said that “it will send a wrong signal that though Sec.439 is there, HC can be Approached” against the writ. To this Adv. Salve referred the case of Jagish Arora V. State Of UP where SC on the very same argument that habeas was not maintainable was raised there. The Supreme Court did not accept it and ordered the relaese of Prashant Kanojia who was remanded to custody.
HC also issued notice to Maharashtra government seeking inquiry against the police officers who investigated the case of Anvay Naik in 2018 and found no evidence & failed on account of which they filed the closure report.
