Mumbai News

Denial of bail to Arnab Goswami: Bombay HC says police investigation in suicide case can’t be termed ‘illegal’ – National Herald

Victims’ rights also equally important

The bench further noted that the Magistrate had failed to issue notice to the complainant while accepting the ‘A Summary’ report, overlooking the statutory right of the complainant/victim.

“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,” the bench held in paragraph 64 of the order.

The bench took note of the submissions made by Senior Advocate Shirish Gupte for the complainant that she got to know about the closure report almost a year later from Twitter.

The informant’s prayer for further investigation could not have been brushed aside by the respondent state and its officials, when as per the allegations in the FIR, two of her family members committed suicide due to the alleged acts of the accused, observed the bench.

The Court further held that it cannot consider the submissions of Senior Advocate Harish Salve that the FIR does not disclose any offences agianst Goswami at present as the investigation is in progress. The Court has posted the writ petition for further hearing on December 10.

The Court dismissed the interim application seeking bail observing that the petitioner has available to himself the alternate remedy of regular bail under Section 439 of the Code of Criminal Procedure.

While dismissing the application, the bench clarified that its observations are prima facie in nature and confined to the adjudication of the present Interim Application only.

The lower court should consider the regular bail application without being influenced by the observations in the order, the bench further clarified.

Goswami was arrested from his Mumbai residence by the Raigad police on the morning of November 4 in relation to the death of Naik, who had left a suicide note alleging that the Republic TV chief had owed him Rs 83 lakhs. The suicide note had mentioned the names of two others too.

The Chief Judicial Magistrate of Alibag remanded Goswami to 14 days judicial custody on November 4 night, after refusing to remand him to police custody.

Following that, Goswami filed habeas corpus writ petition in the High Court challenging his arrest and custody. Ahead of the High Court’s rejection of interim bail, Goswami moved the Sessions Court Alibag seeking regular bail, which will be considered today.

The Sessions Court is also hearing the revision petition filed by the police challenging the CJM’s refusal of police custody.

Source: https://www.nationalheraldindia.com/india/denial-of-bail-to-arnab-goswami-bombay-hc-says-police-investigation-in-suicide-case-cant-be-termed-illegal