The Bombay High Court Monday refused to release Editor-in-Chief of Republic TV Arnab Goswami on interim bail in an abetment-of-suicide case registered against him in May 2018.
A division bench of Justices S S Shinde and M S Karnik said no case was made out for it to exercise its inherent power. The bench though granted liberty to Goswami to approach the Sessions Court with a bail application. The bail application, if filed, would be decided within 4 days, the bench added.
Meanwhile, Goswami has filed a bail application in the Alibagh Sessions Court.
Senior advocate Abad Ponda, for Arnab Goswami, argued that the re-investigation into the abetment to suicide case was "completely illegal" as the police had started the investigation into the 2018 case without a judicial order.
Ponda urged the Court to grant ad-interim relief to Goswami.
Senior Advocate Harish Salve who also appeared for Goswami asked, "Will the heavens fall on Maharashtra if he (Goswami) is released on interim?"
Senior Advocate Amit Desai appeared for the State. He questioned the maintainability of the habeas corpus petition even as he opposed the interim bail application filed directly by Goswami in the High Court.
The hierarchy of courts should not be disrupted unless there are extraordinary circumstances, Desai argued.
"This is not a fit case for grant of interim relief. They have the remedy before the trial court. They may get bail if the trial court deems it fit. But to exercise this jurisdiction will lead to the flood gate of applications", Desai submitted.
Goswami who was arrested last week and sent to judicial custody for 14 days, is accused of abetting the suicide of interior designer Anvay Naik and his mother Kumud Naik in May 2018. According to police officials, the duo died by suicide over the alleged non-payment of dues by Goswami's television channel.
In April 2019, the Raigad police closed the case by filing A summary report which said that they did not find evidence against the accused named in the suicide note, including Goswami.
However, in May this year, Anvay Naik's daughter approached Maharashtra Home Minister Anil Deshmukh seeking a reopening of the case. Maharashtra Home Minister Anil Deshmukh had tweeted in May that he had ordered the CID to re-investigate the case.
http://theleaflet.in/wp-content/uploads/2020/11/F233700042782020_2.pdf