The Bombay High Court Reserved order in the Habeas Corpus
The Bombay High Court Reserved order in the Habeas Corpus and bail pleas filed by Republic TV Editor-in-Chief in connection with the abetment to suicide case.
The Two Judges Bench comprising of Justice SS Shinde and MS Karnik, refused to grant Arnab interim bail, noting that its order should not be construed as an impediment to the journalist to approach the Sessions Court for bail under Section 439 of the CrPC.
Senior Advocate Amit Desai appearing for the State asserted that “This is not a fit case for grant of interim relief. They have remedy before the trial court. They may get bail when if the trial court deems it fit. But to exercise this jurisdiction will lead to flood gate of applications.”
The Court also heard for the other two accused in this case, to which their advocate argued for their release on which court asked “Don’t you think that with (other) remedies available, if we grant remedy, then everyone will come to the High Court? It will send wrong signal that though Section 439 is there, then why come under writ? It will also undermine the authority of lower courts.”
Senior Advocate Harish Slave appearing on behalf of Arnab urged the court to grant relief to his client and pressed the court for interim bail. The court opined not to pass the order immediately and it needed to consider the compilation and submissions made by the parties.
Thus the Court reserved its Orders and granted the parties Four week’s time to file replies.
Meanwhile Arnab Goswami is in Judicial Custody for Two weeks.
