Nisha Ghosal
The Bombay High Court turned down the bail plea of the Chief Editor of Republic TV, Arnab Goswami in abetment to suicide of interior designer Anvay Naik.
He was arrested and remanded for 14 days of judicial custody on 4th November.
The Republic TV anchor has already moved the Sessions Court at Alibaug to seek regular bail.
The High Court has directed the Sessions Court to decide on the plea within four days, being uninfluenced by its observation.
The High Court noted in its order,
“No prima facie case has been made out by petitioner for invoking extra-ordinary jurisdiction…We had observed that he has remedy before the Sessions Court, the same can be availed and any observations made in our order is only for the limited purpose of this application.”
Under Section 439 of the CrPC, an accused can look for regular bail towards the Court of Session while Arnab Goswami and the co-accused were approaching the High Court for the exercise of the extraordinary jurisdiction under Article 226 of the Indian Constitution.
Senior Advocate Harish Salve asserted that the High Court has more power to grant bail under Article 226 than the Supreme Court under Article 32.
He also argued based on the 2018 FIR, which was closed in 2019. So, for further investigation, the accused need not be held in police custody.
Goswami also tried to prove that the allegations against him were falsely made in the 2018 case.
Senior Advocate Shirish Gupte, appearing for Naik’s family, submitted that his client and the family would be put at risk of harm if the accused was released on bail.
