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2008 Supreme(SC) 1347

R.V.RAVEENDRAN, LOKESHWAR SINGH PANTA
Jonathan Nitin Brady – Appellant
Versus
State of West Bengal – Respondent


ORDER

Lokeshwar Singh Panta, J.

Leave granted.

2. Challenge in this appeal by special leave is to the order dated 29.10.2007 passed by the High Court of Calcutta in C.R.M. Petition No.11072/2007. By the impugned order, the High Court has rejected the application of the appellant for the grant of pre-arrest bail filed under Section 438 of the Code of Criminal Procedure.

3. Briefly stated, the facts of the case are that the appellant works as a Radio Jockey at New Delhi with the Radio Channel `Red FM 93.5, a channel owned by Digital Radio (Delhi) Broadcasting Limited. During the course of regular morning show called "Morning No.1" [hereinafter referred to as `the Show], that was broadcasted only in New Delhi from 7-11 a.m., on 24.09.2007, the appellant discussed one Mr. Prashant Tamangs victory in the Tele- Series called "Indian Idol" telecasted on Sony Entertainment Television channel.

4. On 25.09.1997, it came to the appellants knowledge through media reports that sentiments of a certain section of the public in West Bengal were purportedly hurt given to misinterpretation of the above-said discussion on the said show.

5. On 27.09.1997, certain fans of Mr. Prashant Tamang, including



















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