The Supreme Court of Friday said journalist Arnab Goswami’s interim bail in abetment to suicide case shall be operative for another four weeks starting from the day the high court decides his plea.
The bench of Justices DY Chandrachud and Indira Banerjee passed an order detailing the reasons why Goswami was granted bail on November 11 after he spent a week in judicial custody following his arrest in the abetment to suicide of architect Anvay Naik and his mother. Justice Chandrachud said it could not be said appellants had abetted the suicide of the head of the architectural firm. “If the HC was carrying a prima facie evaluation, then it could not have seen that there was no nexus between FIR and Section 306 IPC,” Justice Chandrachud said.
“It needs to be sent whether the accused can tamper evidence, or whether accused can flee, or whether ingredients of offence is made out along with interests of state. These principles have emerged over time. Here the case is about liberty of a citizen,” he said.
“The appellants are residents of India and don’t post flight risk or can they tamper evidence. We have also added a section on Human liberty and role of Courts: Section 482 recognizes powers of the HC to give effect to other provisions of CrPC. Due enforcement of criminal law cannot be obstructed by accused opting strategies and the court must be circumspect in exercising powers under Section 482 CrPC,” he added.