Arnab Goswami interim bail: a short guide by DM Legal Services, Mulund, Mumbai.
The Vacation Bench of Justices DY Chandrachud and Indira Banerjee passed the order in an appeal preferred by Goswami against the Bombay High Court order which denied him interim bail in the 2018 case.
The Bench held that the Bombay High Court was incorrect in denying Goswami interim bail on November 7. It thus directed for Arnab Goswami and the two other co-accused to be released immediately on a bond of Rs 50,000. The Superintendent of Police, Raigad, has been directed to ensure order is followed immediately.
During the course of the hearing, Justice Chandrachud observed,
“If we don’t interfere in this case today, we will walk on a path of destruction. If left to me, I won’t watch the channel and you may differ in ideology, but constitutional courts will have to protect such freedoms…”
Justice DY Chandrachud
Highlights of court’s observation include the following
1-Abetment of suicide section 306 – Abetments there needs to be actual incitement.
2-Constitutional court should protect the liberty.
3-High court has not dealt with basic question .
4-If you don’t like a channel , don’t watch it.
5- Article 19(1)(a) is not an absolute right.
6- this case is not a case of terrorism.
Understanding Interim Bail and Personal Liberty
This note is a short background to the matter reported above, which involved an arrest in November 2020 in connection with a case registered in 2018. It does not comment on the merits of the case. It explains the legal ideas a reader needs to follow the order.
What is interim bail?
Interim bail is a temporary release granted by a court while an application for regular bail is still pending. It is meant to protect a person’s liberty in the period before the court can hear the matter fully. The power to grant bail in serious cases is given to the High Court and the Court of Session, and the Supreme Court can also deal with the matter on appeal under Article 136 of the Constitution or in a petition under Article 32 for enforcement of fundamental rights.
Why personal liberty is central
Article 21 of the Constitution provides that no person shall be deprived of life or personal liberty except according to procedure established by law. The Supreme Court has said many times that the basic rule is bail and not jail, and that refusal of bail should be based on reasons such as the seriousness of the charge, the risk of the accused fleeing, tampering with evidence or influencing witnesses. Bail is not meant to be a form of punishment before trial.
Factors courts consider while deciding bail
While deciding a bail application, a court generally considers the nature and gravity of the accusation, the evidence available at that stage, the possible punishment, the antecedents of the accused, the likelihood of the accused being available for trial, and the effect of keeping the accused in custody. Each case depends on its own facts, and a bail order is not a finding on guilt or innocence.
Practical lesson
If a family member is arrested, it is important to speak to a criminal lawyer at once, to know the grounds of arrest, and to ensure the person is produced before a Magistrate within 24 hours. A lawyer can advise whether to apply for regular bail or anticipatory bail, and before which court.
This article is for general information and is not legal advice. For advice on a particular case, please consult an advocate.
In short, Arnab Goswami interim bail is a subject where early legal advice helps. If you are affected by Arnab Goswami interim bail, speak to an advocate who can look at your documents and explain your options.
Arnab Goswami interim bail: Legal Help in Mulund, Mumbai and Thane
If you have questions about Arnab Goswami interim bail, the team at DM Legal Services in Mulund can explain your options. We assist clients across Mulund, Mumbai and Thane. See our criminal law services or send us your legal question. You can also read the law on India Code. This article is general information and not legal advice.
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