SUPREME COURT’S JUDGMENT ON INTERIM BAIL PLEA OF ARNAB GOSWAMI- A CRITIQUE

The Supreme Court had earlier released Arnab Goswami on interim bail during the pendency of his petition before the Bombay High Court thereby setting aside the judgment of the High Court denying the relief to him. In the judgment released recently, the Supreme Court strikes the cord of personal liberty as a justification to set aside the impugned judgment. In doing so, the Court holds that the FIR, prima facie, does not meet the requirements of law, i.e., section 306 read with 107, IPC. The Court notes that the High Court ought to have dealt with the merits of the FIR at this stage and ought to have come to a prima facie conclusion which should have then formed the basis for interim release of the accused/applicant. I beg to differ with the judgment of the Supreme Court in the analysis done below.Read More »