Arnab Manoranjan Goswami vs State Of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(SC) 781

SUPREME COURT OF INDIA
D.Y. CHANDRACHUD, INDIRA BANERJEE, JJ.
Arnab Manoranjan Goswami – Appellant
Versus
The State Of Maharashtra & Ors. - Respondents
SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO(S).24646 of 2020(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 09-11-2020 IN CRLAS NO. 4278 of 2020 PASSED BY THE HIGH COURT OF JUDICATURE AT BOMBAY) WITH SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO(S). 24647 of 2020, SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO(S). 24648 of 2020
Decided on : 11-11-2020

Advocates:
Advocate Appeared:
For the Appellant :Mr. Harish Salve, Mr. Siddharth Bhatnagar, Mr. Abaad Ponda, Ms. Malvika Trivedi, Mr. Saket Shukla, Mr. Vasanth Rajasekaran, Mr. Mrinal Ojha, Mr. Debarshi Dutta, Mr. Rajat Pradhan, Mr. Biswadeep Chakravorty, Ms. Madhavi Doshi, Mr. Sanjeev Sambasivan, Mr. Siddhant Kumar, Ms. Kajri Roy, Ms. Chetna N. Rai, Ms. Sheena Iype, Mr. Nirnimesh Dube, Mr. Gopal Sankaranarayanan, Ms. Rashi Bansal, Ms. Esha Bhadoria, Mr. Sameer Singh, Mr. Mukul Rohtagi, Mr. Vijay Agarwal, Mr. Mahesh Agarwal, Mr. Gaurav Kejriwal, Mr. Ishwar Nankni, Mr. Aditya Kanodia, Mr. Samir Ali Khan, Mr. Mudit Jain, Mr. Rahul Agarwal, Mr. Nishant Rao, Mr. Ankit Kohli, Advocate
For the Respondent: Mr. Kabil Sibal, Mr. Amit Desai, Mr.Devdatta Kamat, Mr. Rahul Chitnis, Mr. Sachin Patil, Mr. Dipak Thakre, Mr. Hemant Shah, Mr. Geo Joseph, Mr. C. U. Singh, Mr. F. I. Choudhury, Mr. Noor Ul Islam, Mr. Vaibhav Karnik, Adv.

Headnote:
Applications - Grant of interim bail - Third respondent, namely, Commissioner of Police, need not be served separately having regard to appearance, respectively, for State and for investigating officer - Appeals before this Court arise from order of Division Bench of High Court of Judicature at Mumbai dated, by which applications for grant of the interim bail moved by appellants pending disposal of their writ petitions have been rejected. – Held, Court are of considered view that High Court was in error in rejecting applications for grant of interim bail – Court accordingly order and direct that shall be released on interim bail, subject to each of them executing a personal bond in amount to be executed before Jail Superintendent - They are directed to cooperate in investigation and shall not make any attempt to interfere with ongoing investigation or with witnesses - A certified copy of this order shall be issued during course of day – Order accordingly.

ORDER :

1. Leave granted.

2. We have heard Mr Harish Salve, Mr Mukul Rohatgi, Mr Siddharth Bhatnagar and Mr Gopal Sankaranarayanan, learned Senior Counsel appearing on behalf of the appellants.

3. Mr Kapil Sibal, learned Senior Counsel appears on behalf of the State of Maharashtra, Mr Amit Desai, learned Senior Counsel appears on behalf of the second respondent and Mr C U Singh, learned Senior Counsel appears on behalf of the fifth respondent.

4. Mr Tushar Mehta, learned Solicitor General appears on behalf of the Union of

India.

5. The third respondent, namely, the Commissioner of Police, Mumbai need not be served separately having regard to the appearance by Mr Kapil Sibal and Mr Amit Desai, respectively, for the State and for the investigating officer.

6. Arguments have been heard during the course of the day.

7. The appeals before this Court arise from the order of the Division Bench of the High Court of Judicature at Mumbai dated 9 November 2020, by which the applications for the grant of the interim bail moved by the appellants pending the disposal of their writ petitions have been rejected.

8. The submissions of the learned counsel appearing on behalf of the rival contesting parties would be evaluated in the judgment for which reasons shall follow. The judgment is reserved.

9. We are of the considered view that the High Court was in error in rejecting the applications for the grant of interim bail. We accordingly order and direct that Arnab Manoranjan Goswami, Feroz Mohammad Shaikh and Neetish Sarda shall be released on interim bail, subject to each of them executing a personal bond in the amount of Rs 50,000 to be executed before the Jail Superintendent. They are, however, directed to cooperate in the investigation and shall not make any attempt to interfere with the ongoing investigation or with the witnesses.

10. The concerned jail authorities and the Superintendent of Police, Raigad are directed to ensure that this order is complied with forthwith.

11. A certified copy of this order shall be issued during the course of the day.

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