"Direct Link Between Death Of Victims & Accused Seems Not Established, Arrest Prima Facie Unjustified", CJM Observes In Arnab Goswami's Remand Order

CJM Sunaina S Pingale first directed Arnab to be taken for medical check-up at the civil hospital in Alibag after his lawyer Gaurav Parkar claimed that his client had been assaulted. Arnab was produced again after the check-up, later in the evening.

After going through the medical report, Court rejected the assertion that Arnab was assaulted by the police observing- "There is no truth to the allegations of assault"

Thereafter, Raigad police sought 14 day custody of the accused with investigating officer JA Shaikh present. Additional Public Prosecutor Mahakal submitted that for a full and detailed investigation, custody is required but the police is saying that the accused is not cooperating and he tried to evade arrest.

For investigation, interrogation, document seizures etc, custody of the accused is required, APP Mahakal said.

On the other hand, Senior Advocate Aabad Ponda argued on behalf of Arnab along with Adv Parkar. He said-

"No summons or notice has been issued to my client and 'A summary' has been given, the arrest was wrong. No investigation has been brought forth to justify the arrest. Arnab is willing to give money under protest to the family of the deceased."

Ponda was referring to the money allegedly owed by the accused to the deceased due to which the suicide took place. The details are mentioned in the suicide note wherein it is stated that Arnab, along with two other accused owed Rs.5.40 crore to the deceased's company CSDL.

Arnab cannot be considered in the wrong for defects in earlier investigation in the case which was closed, Ponda added.

Court noted that there is the issue of remand the other two accused and reasons for the same. Moreover, CJM observed-

"A new investigation has been initiated on a report that is already summaried (closure report has been filed). However, no permission was sought for this new investigation. No court order has been obtained for such further investigation.

It seems that the connection between the incident of suicide of both Anvay Naik and his mother, with the accused should have been determined by the prosecution before seeking police custody. There does not seem to be a direct link between the two.

What the defect was in the earlier investigation has not been informed by the cops. Hence police custody cannot be granted."

Refusing police custody, CJM Court further recorded in the 11-page order-

"All reasons given in the remand for custody are primarily collection of documentary evidence. Custody of the accused for that purpose is unnecessary. The incident is of 2018, and for lack of evidence the investigation ended. In such a situation, it would not be correct to grant police custody today."

Judicial custody of 14 days for all three accused was granted.