ARNAB MANORANJAN GOSWAMI vs STATE OF MAHARASHTRA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(SC) 678

ARNAB MANORANJAN GOSWAMI – Appellant
Versus
STATE OF MAHARASHTRA – Respondent

Advocates Appeared:
For the Appellants :Nirnimesh Dube, Advocate
For the Crl.A.743 of 2020 :Gopal Sankaranarayanan, Rashi Bansal, Esha Singh, Advocates
For the Crl.A.744 of 2020 :Gaurav Kejriwal, Ankit Kohli, Advocates
For the Respondents:Sachin Patil, F.I. Choudhury, Advocates

JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J

This judgment has been divided into sections to facilitate analysis. They are:

A	The appeal
B	The parties, the FIR and ‘A‘ Summary
C	Previous proceedings against the appellant
D	Re-opening of investigation and arrest of the appellant
E	Submissions of Counsel
F	Criminal Appeal No. 743 of 2020 (Arising out of SLP (Crl) No. 5599 of 2020)
G	Criminal Appeal No. 744 of 2020 (Arising out of SLP (Crl) No. 5600 of 2020)
H	Jurisdiction of the High Court under Article 226 and Section 482 CrPC
I	Prima Facie evaluation of the FIR and the grant of bail
J	Human liberty and the role of courts
K	Conclusion

A The appeal

1. While invoking the jurisdiction of the High Court of Judicature at Bombay under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”), the appellant sought three substantive reliefs:

(i) A writ of Habeas Corpus, claiming that he had been illegally arrested and wrongfully detain

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2020 Supreme(SC) 678

ARNAB MANORANJAN GOSWAMI – AppellantVersusSTATE OF MAHARASHTRA – Respondent

ARNAB MANORANJAN GOSWAMI – Appellant
Versus
STATE OF MAHARASHTRA – Respondent