ARNAB GOSWAMI MOVES SUPREME COURT CHALLENGING BOMBAY HIGH COURT ORDER DENYING INTERIM BAIL

Arnab Goswami

Republic TV Editor-in-Chief, Arnab Goswami has moved the Supreme Court challenging the Bombay High Court order of November 9 declining him interim bail in the case of abetment to suicide of interior designer, Anvay Naik and his mother Kumud Naik.

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The application filed through Advocate-on-Record Nirnimesh Dube comes on a day when Alibaug Sessions Court is hearing the revision application filed by Raigad Police seeking police custody of Goswami who is currently lodged in Taloja jail.

The High Court in its November 9 order had noted that Goswami has a remedy under law to approach the sessions court concerned and seek regular bail.

The High Court was hearing petitions filed by Goswami and two other accused Feroze Shaikh and Nitish Sarda challenging their arrest in the case and seeking interim bail.

Relative of Feroze Shaikh, Parveen Shaikh has also moved the Supreme Court seeking bail for the accused.

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Bombay High Court held that no case was made out for Goswami’s release under its extraordinary writ jurisdiction, thereby rejecting the interim application moved by the Republic TV Editor-in-Chief.

A Division Bench of Justices SS Shinde and MS Karnik also clarified that the remedy to apply for regular bail under Section 439 of the Code of Criminal procedure shall remain unaffected.,

“Petitioner has an alternate and efficacious remedy under section 439 of the Code of Criminal Procedure 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 the Code of Criminal Procedure 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.”

Goswami has been in judicial custody since November 4 following his arrest in relation to 2018 case which was initially closed in 2019 before it was re-opened in 2020 based on a representation made by Naik’s daughter, Adnya Naik to the State Home Minister, Anil Deshmukh.

Goswami had sought interim bail on the ground that his detention was illegal.

The court refused to express their opinions on the merits of the case and the arrest stating that the prayers pertaining to these aspects will be considered when the main plea to quash the FIR is considered in December.

The High Court also clarified that the observations they had made in the order are prima facie in nature and confined to the adjudication of the interim application for bail.

Goswami was arrested on the morning of November 4 from his residence in Mumbai, Goswami and was taken to Alibaug, where the Chief Judicial Magistrate refused to remand him in police custody. Naik and his mother had committed suicide at their farm house in Alibaug.

The magistrate’s court remanded Goswami and two others who were named in Naik;s suicide note to judicial custody till November 18.

Goswami was initially kept at a local school which has been designated as a COVID-19 centre for the Alibaug prison.

On Sunday, he was shifted to the Taloja jail in Raigad district after he was allegedly found using a mobile phone while in judicial custody.

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