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A Justice of the Peace, whereas remanding Republic TV anchor Arnab Goswami and two others to two-week judicial custody on Wednesday in a 2018 abetment to suicide case, noticed that the arrests appeared to be “prima facie illegal”.
The detailed order in Marathi of Chief Judicial Magistrate Sunaina Pingle which was made obtainable to attorneys on Thursday mentioned after perusal of the case diary and different related paperwork the prosecution failed to prima facie set up a hyperlink between the deceased and the accused individuals.
The decide, whereas rejecting an software searching for two-week police remand for Goswami and the 2 others, had additionally requested police concerning the permission of the court for reopening of the case because it was closed in 2019.
A group of Raigad police picked up Goswami (47) from his residence at Lower Parel in Mumbai on Wednesday morning. He and the 2 different accused – Feroze Shaikh and Nitesh Sarda – have been later produced earlier than the Justice of the Peace in Raigad’s Alibaug city, round 90 km from Mumbai.
Goswami, after being introduced to the court on Wednesday afternoon, claimed a few bodily assault prompting the decide to ship him for medical examination throughout which the claims have been discovered not true.
The listening to, which continued until 11.30 PM final evening, additionally noticed a handwritten bail software being moved by Goswami’s lawyer which was subsequently withdrawn Thursday because the accused moved the Bombay High Court for an interim bail.
According to laid down norms, a Justice of the Peace can hear bail pleas in circumstances the place punishment is beneath seven years. The case in opposition to Goswami and others has been filed underneath numerous provisions of Indian Penal Code together with part 306 (punishment for abetment of suicide which is 10 years).
Goswami and two others have been arrested within the case of suicide of inside designer Anvay Naik and his mom over alleged non-payment of dues by corporations of the accused individuals.
“Taking into consideration the reasons behind the arrest of the accused persons and the arguments put forth by the accused persons, the arrest appears to be prima facie illegal,” the court mentioned.
The Justice of the Peace famous that the chain of circumstances, the rationale behind the deaths of Anvay Naik and his mom Kumodini Naik and its reference to the accused individuals should not established by the prosecution.
“There is no cogent evidence submitted that warrants this court to remand the arrested accused to police custody,” the court mentioned.
The Justice of the Peace additionally identified that the case had been closed in 2019 and since then neither the prosecution nor the complainant challenged the closure report within the classes court or High Court.
The court additional mentioned the Alibaug police didn’t search the Justice of the Peace’s permission earlier than reopening the case. “The investigating officer on October 15, 2020 only submitted a report to the magistrate informing that certain fresh material has come to the fore in the case. There is no record to show that the magistrate permitted reopening of the case,” the court mentioned.
The Justice of the Peace within the order famous that if the police case is to be accepted that Anvay Naik took the drastic step of committing suicide due to non-payment of dues by Goswami and the 2 different accused, then the query arises as to why his (Anvay Naik’s) mom Kumodini Naik dedicated suicide.
“Did she (Kumodini) die by suicide? There is no clear answer to this by the prosecution. The police have been unable to establish a link between the deaths of Kumodini Naik and Anvay Naik and the three arrested accused,” the court mentioned.
While refusing to remand the three accused in police custody, the court additionally famous that the police haven’t been in a position to particularly level out the so-called lacunae within the probe accomplished by the earlier police group in 2018 within the case.
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