Arnab Goswami's Habeas Plea Against His Arrest In 2018 Abetment To Suicide Case -LIVE UPDATES From Bombay High Court

Justice Shinde : We have to hear one more lawyer for petitioner. We have to hear the opposite side. We have only today to hear.Suppose if the petitioner goes to the Sessions Court, and we direct the court to decide the matter within Tuesday..

Justice Shinde : Without prejudice to your contentions, the sessions court can also consider you application in a couple of days.

Aggarwal : But there is no stay against the CJM's order.

Justice Shinde : When one party has challenged it, it is not appropriate for us to rely on it. 

Aggarwal referring to the CJM's order.

Justice Shinde : Mr. Aggarwal, we are not going to refer to the Magistrate's order because revision is pending against it.

Aggarwal says he only has one more point to make.

Justice Shinde : We don't have any problem in you continuing. If we don't finish the arguments today, we will post the case on November 23 after vacations.

Aggarwal says there is no "foundation" for the FIR.

Without foundation, the super-structure also falls, he adds.

Justice Shinde says that it was agreed by all advocates that the arguments will be only on interim relief.

Senior Adv Amit Desai (for State ) agrees.

Harish Salve also agrees.

Aggarwal making points on why Section 306 not attracted.

Justice Shinde interrupts : All that we will consider at final stage. Our difficulty is, tomorrow we are not sitting. From Monday onwards vacations start. We are only on interim relief issue today.

Supreme Court has ordered release of arrested persons under Article 32. Article 226 is wider than Article 32 : Aggarwal.

Aggarwal now referring to decisions where interim release has been granted in writ petitions.

Even Section 439 has no provision for interim bail, but courts grant it in appropriate cases, he adds.