Arnab Goswami's Plea Against Taking Cognizance On 2018 Abetment To Suicide Case: Live Updates From Bombay High Court

The bench posts the case on January 6, 2021 for hearing

Desai : The IAs (filed against taking cognizance) may be disposed of as infructuous.

Ponda objects. Says that the points raised before the taking of cognizance are still valid

Desai : So far as copy of chargesheet is concerned, Goswami can got to the Magistrate and apply for it.

Ponda : The date of appearance is January 7.

Desai : You need not wait for the date of appearance. You can go there and apply.

Ponda : Now that the Court has taken cognizance, the State should be directed to give a copy of the chargesheet.

Ponda : Please give me leave to amend the petition so as to bring the chargesheet on record.

Ponda submits that he got a message just now that the Magistrate has taken cognizance on the chargesheet against Arnab Goswami in the Anvay Naik suicide case.

Ponda : I am not asking for automatic quashment of the chargesheet based on the November 27 judgment of the Supreme Court. But the judgment has to be respected.

Justice Shinde : Earlier, there was lack of clarity on whether interim bail can be granted in Article 226. Now this landmark judgment has come saying even regular bail can be granted under Art 226. This judgment will guide us.

Justice Shinde asks Ponda to read the portion of the SC judgment which said that the observations are prima facie in nature.

Ponda refers to paragraph 66 of the judgment.

Justice Shinde : The observations of the Supreme Court are prima facie, the judgment has clarified. The judgment is binding only on law and not on facts. The SC has made it clear that the factual observations are preliminary