New Delhi (ILNS): The Bombay High Court has issued notice to the Police officers who had filed the closure report in the suicide of interior designer Anvay and his mother Kumud Naik in 2018.

On Saturday, the bench of Justices SS Shinde and MS Karnik had also given (reported in India Legal) liberty to Republic TV Editor-in-Chief Arnab Goswami to file a bail plea in a lower court, directing the court to decide on his bail plea, if filed, within four days. The high court has reserved its own order in the habeas corpus and bail plea filed by Arnab.

The court will also hear a plea filed by Adnya Naik, daughter of the architect Anvay Naik, who along with his mother Kumud Naik, had committed suicide at their bungalow in Alibaug, Raigad, on May 5, 2018.

Adnya Naik has sought a re-investigation into the case or for transferring it to an independent agency. The plea relies upon an alleged suicide note found next to the bodies of the deceased.

“Police have not investigated the offence properly and have filed a false, fake, fabricated and botched up final report just with an intention to help the accused persons,” contended Adnya in her plea.

Appearing for Anvay Naik’s daughter Adnya Naik, advocate Subodh Desai sought re-investigation in the matter and action against the officers “who did a miserable job of investigation” in the first instance.

The court pointed out that since there is provision of regular bail under section 439 CrPC, then why should the high court consider the bail plea at this time.

The bench said that pendency of the matter before it does not preclude the petitioners from seeking regular bail from the sessions court concerned, if such bail pleas are filed, then the sessions court shall hear and decide the same in four days from filing of the plea.

Goswami and the two others were arrested by Alibaug Police in Maharashtra’s Raigad District on November 4, in connection with the suicide of architect-interior designer Naik and his mother in 2018 over alleged non-payment of dues by companies of the accused.

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New Delhi (ILNS): A Sessions Court has rejected Mumbai Police’s plea to have Arnab Goswami in its custody, instead of judicial custody. The CJM’s court had earlier, too, rejected a similar plea by the Alibaug police in Raigad district, following which the police had filed a revision application.

This is related to the arrest of the Republic TV editor and two others in the abetment to suicide case.

The matter will now be heard tomorrow.

Arnab Goswami the other two accused – Feroze Shaikh and Nitesh Sarda – had been remanded to judicial custody for 14 days, after the remand application of the Raigad Police was rejected by the CJM, Alibaug on Wednesday.

In a late-night order, the Chief Judicial Magistrate (CJM) Sunaina Pingale had remanded Goswami and the two other accused in judicial custody till November 18 in an abetment to suicide case.

On Wednesday the CJM had noted that the prosecution has failed to prima facie establish a link between the deceased and the accused persons.

The police, in its application, argued that the CJM court had erred in not considering the submissions and grounds submitted by the prosecution while seeking custody of Goswami and two other arrested accused Feroze Shaikh and Nitesh Sarda.

The police had even asked the Sessions court to quash the CJM order and grant them custody of the trio. The CJM in its order stated: “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.”

-India Legal Bureau