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The Bench of Justices D.Y.Chandrachud and Justice Indira Banerjee passed the order in an appeal filed by Republic TV Editor-in-Chief Arnab Goswami which granted him Interim Bail. Previously Bombay High Court had denied his bail where he had asked for a release from detention and legality of his arrest on November 4, 2020. The Honorable Supreme Court has held that the Bombay High Court was in error as they didn’t consider whether the case was based on abetment to suicide. Arnab Goswami along with two co-accused have been released on the bond of RS. 50,000 and the Supredient of Police will be looking into the matter if it is seriously followed or not.
Senior advocate Harish Salve, appearing for Arnab has said that State has done wrong while prosecuting his client. He said that A summary report was already submitted last year which said that the case was closed last year only. He pointed out that the victim was in financial difficulty therefore he committed suicide and this cannot be abetment to suicide as for Section 306 abetment, there needs to be actual incitement. The main reason behind the reopening of the case was his reportage on the Palghar and Bandra incidents, and the breach of privilege motion issued by the Maharashtra Assembly.
The Honorable Apex court has said that it would be a distorted representation of justice if the bail is denied for this. According to the senior advocate, Goswami was not a murderer, and ingredients of the offense under Section 306 of the Indian Penal Code (IPC) were not made out in this case and he should be given bail on this. He has also stated that the Home minister or any other member of the executive has no authority to reopen or reinvestigate a case, such powers are in the hands of the court. The accused who are released on interim bail are said to cooperate with the investigating agency and they shall not make any attempt to interfere with the ongoing investigation or with the witnesses.
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