No case made out for release under extraordinary writ jurisdiction: Read Bombay High Court's order rejecting Arnab Goswami’s bail plea

The Bombay High Court today held that no case is made out for Arnab Goswami's release under its extraordinary writ jurisdiction, thereby rejecting the interim application moved by the Republic TV Editor-in-Chief before it in the Anvay Naik suicide case..Goswami has been in judicial custody since November 4 following his arrest in relation to a case concerning the suicide of interior designer Anvay Naik in 2018.."... 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 (Goswami) under extra-ordinary writ jurisdiction."Bombay High Court.The 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 had sought for interim bail on the ground that his detention was illegal. He had also challenged his November 4 arrest in the 2018 case, which had been closed earlier in 2019. .[Breaking] Bombay High Court denies bail to Arnab Goswami in abetment to suicide case.The Court refused to express their opinions on the merits of the case and the alleged illegal arrest as the prayers pertaining to these aspects will be considered when the main plea to quash the FIR will be considered in December..The Court 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..That Sessions Court at Alibaug shall decide the bail application filed before it on its own merits without being influenced by the observations made by the High Court, the Bench added..The High Court pronounced its verdict earlier today at 3 pm. Goswami has filed his bail application in the Sessions Court at Alibaug today which is yet to be decided..[Breaking] Arnab Goswami moves Alibaug Sessions Court for bail.Victim’s rights are equally important as the rights of accused: HC refuses to stay re-investigation .Goswami had sought a stay on the re-investigation in the Anvay Naik suicide case. However, the Court today refused to stay the investigation, observing that this aspect would be considered when the matter is heard on December 10..The Court's order, in this regard, reads:.“In that view of the matter and since we have posted the Writ Petitions for hearing on 10th December, 2020, wherein the prayer of the petitioner for quashing the First Information Report would be considered, we are not inclined to accede to the prayer of the petitioner to stay the investigation.”.Police have not investigated properly: Plea in Bombay High Court to reinvestigate suicide of Anvay Naik.The Court also took critical note that the "A summary" report filed by the police in 2019 to close the Anvay Naik suicide case, was accepted by the Magistrate without intimating the same to the informant i.e. Akshata Naik, Anvay Naik's wife. This was also noted as a reason to reject the plea for staying the re-investigation at this stage. The Court said,."The fact that the Magistrate did not give notice and opportunity to the first informant to file a protest petition before accepting the report, goes to the root of the matter. Therefore, the continuous persuasion of the State Government by the informant for redressal of her grievance since her two family members had committed suicide, and in the aforesaid background, the concerned Investigating Officer, after intimating the Magistrate, commences the further investigation, cannot be said to be irregular or illegal by any stretch of imagination. The victim’s rights are equally important like the rights of the accused.".[Read order here]