The Bombay High Court on Monday refused to grant interim bail to Republic TV anchor Arnab Goswami, who was arrested and remanded to 14 days judicial custody on November 4, and two co-accused in the 2018 abetment to suicide case.
The Court said that no case was made out for the exercise of extraordinary jurisdiction by the High Court under Article 226 of the Constitution when the petitioners have the alternate remedy of seeking regular bail under Section 439 of the Code of Criminal Procedure(Goswami and the co-accused had approached the High Court seeking writ of habeas corpus under Artice 226 against the arrest and remand in the case).
The bench clarified that its observations are prima facie in nature only for the purpose of deciding the interim application and will not apply to the application made by Arnab Goswami seeking regular bail.
‘Rejection of interim application shall not be construed as an impediment to the petitioner seeking alternate remedies. Observations are prima facie in nature confined to the present application only’, the bench said in the order.
The bench clarified that the accused can approach the Sessions Court and if such an application is made, the concerned court should decide it within 4 days.
The bench dismissed the interim bail applications of the co-accused Nitish Sarada and Parveen Rajesh Singh with the same observations as in the case of Arnab Goswami.