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Arnab Manoranjan Goswami Petitioner(S) v. State Of Maharashtra And Others (S).

Supreme Court Of India
Nov 11, 2020
Smart Summary (Beta)

Factual and Procedural Background

The opinion concerns criminal proceedings in which the appellants had applied for interim bail before the High Court of Judicature at Bombay. By an order dated 9-11-2020 (2020 SCC OnLine Bom 2615), a Division Bench of the High Court rejected the applications for grant of interim bail that had been moved by the appellants pending the disposal of their writ petitions.

The appellants challenged that High Court order before the Supreme Court of India. Leave to appeal was granted, and arguments were heard during the course of the day from multiple senior counsel representing the appellants, the State of Maharashtra, the investigating officer, the fifth respondent, and the Union of India. The Supreme Court indicated that a detailed judgment with reasons would follow and reserved the judgment, but in the meantime issued this operative order addressing the prayer for interim bail.

The third respondent, the Commissioner of Police, Mumbai, was not separately served in view of appearances already entered by counsel for the State and for the investigating officer.

Legal Issues Presented

  1. Whether the Division Bench of the High Court of Judicature at Bombay erred in rejecting the appellants’ applications for grant of interim bail pending disposal of their writ petitions.
  2. Whether, in view of the Supreme Court’s assessment, the appellants were entitled to be released on interim bail, and if so, on what conditions.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court stated that it was “of the considered view” that the High Court had erred in rejecting the applications for grant of interim bail. On this basis, it set aside the effect of the High Court’s refusal to grant interim bail and directed the release of the appellants on interim bail, subject to specified conditions.

The Court expressly noted that the submissions of the rival parties would be evaluated in a subsequent, reasoned judgment and that “reasons shall follow.” Thus, the present order reflects the Court’s immediate conclusion that the High Court’s refusal of interim bail was incorrect, without setting out detailed legal reasoning in this interim order itself. The detailed analysis is reserved for a later, full judgment.

Holding and Implications

Holding: The Supreme Court held that the High Court was in error in rejecting the appellants’ applications for interim bail. It accordingly ordered that Arnab Manoranjan Goswami, Feroz Mohammad Shaikh, and Neetish Sarda be released on interim bail, each upon execution of a personal bond in the amount of Rs 50,000 before the Jail Superintendent. The Court further directed that they must cooperate with the investigation and must not attempt to interfere with the ongoing investigation or with witnesses.

The Court also directed the concerned jail authorities and the Superintendent of Police, Raigad, to ensure that the order is complied with forthwith, and directed that a certified copy of the order be issued during the course of the day.

Implications: The immediate effect of the decision is that the named appellants are to be released from custody on interim bail subject to the stated conditions, notwithstanding the earlier refusal of interim bail by the High Court. The opinion, as provided, does not discuss any broader legal implications or establish any articulated new precedent; the detailed reasoning and any wider doctrinal impact are reserved for a subsequent judgment.

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Order

1. Leave granted. We have heard Mr Harish Salve, Mr Mukul Rohatgi, Mr Siddharth Bhatnagar and Mr Gopal Sankaranarayanan, learned Senior Counsel appearing on behalf of the appellants. Mr Kapil Sibal, learned Senior Counsel appears on behalf of the State of Maharashtra, Mr Amit Desai, learned Senior Counsel appears on behalf of the second respondent and Mr C.U. Singh, learned Senior Counsel appears on behalf of the fifth respondent. Mr Tushar Mehta, learned Solicitor General appears on behalf of the Union of India.

2. The third respondent, namely, the Commissioner of Police, Mumbai need not be served separately having regard to the appearance by Mr Kapil Sibal and Mr Amit Desai, respectively, for the State and for the investigating officer.

3. Arguments have been heard during the course of the day.

4. The appeals before this Court arise from the order of the Division Bench of the High Court of Judicature at Mumbai dated 9-11-2020 2020 SCC OnLine Bom 2615, by which the applications for the grant of the interim bail moved by the appellants pending the disposal of their writ petitions have been rejected.

5. The submissions of the learned counsel appearing on behalf of the rival contesting parties would be evaluated in the judgment for which reasons shall follow. The judgment is reserved.

6. We are of the considered view that the High Court was in error in rejecting the applications for the grant of interim bail. We accordingly order and direct that Arnab Manoranjan Goswami, Feroz Mohammad Shaikh and Neetish Sarda shall be released on interim bail, subject to each of them executing a personal bond in the amount of Rs 50,000 to be executed before the Jail Superintendent. They are, however, directed to cooperate in the investigation and shall not make any attempt to interfere with the ongoing investigation or with the witnesses.

7. The jail authorities concerned and the Superintendent of Police, Raigad are directed to ensure that this order is complied with forthwith.

8. A certified copy of this order shall be issued during the course of the day.