The Bombay High Court on Monday rejected an interim bail plea filed by journalist Arnab Goswami in the 2018 case of abetment to suicide of Anvay and his mother Kumud Naik in Alibag.
He will continue to remain at Taloja Central Jail.
After the hearing the matter consecutively for three days, a division bench of justices SS Shinde and MS Karnik had reserved the order on Saturday.
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Mr. Goswami sought for interim protection/bail on the basis of being illegally arrested and wrongfully detained and also urged for quashing of the FIR.
Salve’s contention
Senior advocate Harish Salve, representing Mr. Goswami, had vehemently argued that the allegations in the First Information Report (section 306 - abetment of suicide and section 34 - acts done by several persons in furtherance of common intention of the Indian Penal Code), read in its entirety, do not disclose the alleged offence against the petitioner (Mr. Goswami). The said submission deserves no consideration at this stage when the investigation is on and the alleged suicide note recovered by the Investigating Officer mentions the name of the petitioner.
The court noted, “Since the petition is posted for hearing for consideration of prayer of the petitioners for quashing of the First Information Report, we refrain ourselves from expressing opinion on merits at this stage. In the facts of the present case, no case is made out for release of the applicant – petitioner under extraordinary writ jurisdiction.”
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The bench said, “The applicant has an alternate and efficacious remedy under section 439 (special powers of high court or court of session regarding bail) of the Code of Criminal Procedure (CrPC) to apply for regular bail. At the time of concluding the hearing of Applications, we had made it clear that if the petitioner, if so advised, to apply for regular bail under section 439 of CrPC before the concerned court, then, in that case, we have directed the concerned court to decide the said application within four days from filing of the same.”
The 56 page order read, “The remedy of the petitioner to apply for bail under section 439 of the Cr.PC shall remain unaffected and rejection of interim application shall not be construed as an impediment to the applicant – petitioner to avail the said remedy. The observations made herein above are prima facie in nature and confined to the adjudication of the present interim application only.”
The court will hear the petition seeking for quashing of the FIR on December 10 and refused to stay the investigation.
