"Brutally Manhandled By Maharashtra Police": Arnab Goswami Seeks Interim Bail From Bombay High Court

Bail Hearing Before CJM Will Be Deliberately Delayed By Maharashtra Police; Arnab Goswami Contends In Interim Bail Application Before Bombay HC

An interim application has been filed on behalf of Arnab Goswami before the Bombay High Court seeking his immediate release and interim stay on all proceedings in the FIR of 2018 relating to suicide of Anvay Naik and his mother.

Allegedly the deceased left a suicide note stating that him and his mother have decided to commit suicide because of non-payment of dues to the tune of Rs.5.40 cr by the three accused in the case to Concorde Designs Pvt Ltd (CDPL), of which both were directors.

The IA which has been filed along with the habeas corpus plea, challenges-

"The petitioner's illegal arrest by the Mumbai police on the morning of 4 November 2020 at around 7:45 A.M. and the wrongful/unlawful detention thereafter in connection with the FIR, dated 5 May 2018, registered at Alibaug Police Station, Raigad, under Sections 306 and 34 of the Indian Penal Code, 1860 and praying for an urgent order of stay of investigation in the above FIR, and for immediate release of the petitioner from illegal detention and wrongful custody."

Petitioner has alleged in the application filed through Phoenix Legal that on November 4, more than 20 uniformed police officers led by Sachin Vaze, an encounter specialist and armed with assault weapons barged into his house in the early morning hours and forcefully dragged him out of the house. The application states-

"The petitioner and his family were brutally manhandled, verbally and physically assaulted by the police officers and the petitioner was dragged by his body out of the house in front of his family and taken in custody.

During the course of his arrest and while being transferred to Alibaug in a police van and in the custody of the police, the Petitioner suffered a 6-inch-deep gash on his left hand, a serious injury to his spinal cord, was hit by a heavy uniform police officer's boot, was not allowed to wear shoes throughout, suffered vein injuries and was not even given access to drinking water. Additionally, the Petitioner was also forced to consume certain liquid by the police officers guarding him and choked as a result thereof."

Moreover, petitioner contends that the investigation is illegal and dehors the law and consequently the arrest is also blatantly vitiated and nonest in law-

"The Petitioner is filing the present application as the bail hearing before the Chief Judicial Magistrate, Alibaug, Raigad is dependent on the filing of a reply by the Maharashtra police, which will be deliberately delayed to ensure that the Petitioner remains illegally detained and his remedy is rendered infructuous and ineffective.

As stated in the Writ Petition, investigation into FIR No. 59 of 2018 was closed and a 'A' Summary report was accepted by the Chief Judicial Magistrate, Alibaug, Raigad on 16 April 2019 and there is no judicial order thereafter reopening the investigation/reinvestigation or directing further investigation. There is no requirement to continue the illegal detention of the Petitioner as all records of the matter are with the Maharashtra police which had been provided by the Petitioner way back in 2019."

Finally, the petitioner has sought bail and directions to the respondents to immediately release him from illegal detention and wrongful custody. Also, pending the final hearing and disposal of the writ petition, petitioner has sought a stay on all further proceedings, including the investigation in the said FIR of 2018.