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Supreme Court - Daily Orders

Arnab Manoranjan Goswami vs The State Of Maharashtra on 11 November, 2020

Bench: D.Y. Chandrachud, Indira Banerjee

                                                     1

     ITEM NO.2+3+4                 Court 3 (Video Conferencing)            SECTION II-A

                                  S U P R E M E C O U R T O F       I N D I A
                                          RECORD OF PROCEEDINGS

                         SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s).24646/2020

     (Arising out of impugned final judgment and order dated 09-11-2020
     in CRLAS No. 4278/2020 passed by the High Court of Judicature at
     Bombay)

     ARNAB MANORANJAN GOSWAMI                                            Petitioner(s)

                                                    VERSUS

     THE STATE OF MAHARASHTRA & ORS.                                     Respondent(s)

     WITH

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 24647/2020

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 24648/2020

     Date : 11-11-2020 These petitions were called on for hearing today.

     CORAM :                 HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                             HON'BLE MS. JUSTICE INDIRA BANERJEE

     For Petitioner(s)                Mr.   Harish Salve, Sr. Advocate
                                      Mr.   Siddharth Bhatnagar, Sr. Adv
                                      Mr.   Abaad Ponda, Sr. Adv.
                                      Ms.   Malvika Trivedi, Adv.
                                      Mr.   Saket Shukla, Adv.
                                      Mr.   Vasanth Rajasekaran, Adv.
                                      Mr.   Mrinal Ojha, Adv.
                                      Mr.   Debarshi Dutta, Adv.
                                      Mr.   Rajat Pradhan, Adv.
                                      Mr.   Biswadeep Chakravorty, Adv.
                                      Ms.   Madhavi Doshi, Adv.
                                      Mr.   Sanjeev Sambasivan, Adv.
                                      Mr.   Siddhant Kumar, Adv.
                                      Ms.   Kajri Roy, Adv.
                                      Ms.   Chetna N. Rai, Adv.
                                      Ms.   Sheena Iype, Adv.
                                      Mr.   Nirnimesh Dube, AOR
Signature Not Verified
                                      Mr.   Gopal Sankaranarayanan, Senior Advocate
Digitally signed by
Sanjay Kumar
Date: 2020.11.11
                                      Ms.   Rashi Bansal, AOR
17:00:10 IST
Reason:                               Ms.   Esha Bhadoria, Advocate
                                      Mr.   Sameer Singh, Advocate

                                      Mr. Mukul Rohtagi, Senior Advocate
                                      Mr. Vijay Agarwal, Advocate
                                         2

                        Mr.     Mahesh Agarwal, Advocate
                        Mr.     Gaurav Kejriwal AOR
                        Mr.     Ishwar Nankni, Adv.
                        Mr.     Aditya Kanodia, Advocate
                        Mr.     Samir Ali Khan, Advocate
                        Mr.     Mudit Jain, Advocate
                        Mr.     Rahul Agarwal, Adv.
                        Mr.     Nishant Rao, Advocate
                        Mr.     Ankit Kohli, Advocate

For Respondent(s)       Mr. Kabil Sibal, Sr. Adv.
                        Mr. Amit Desai, Sr. Adv.
                        Mr.Devdatta Kamat Sr. Adv.
                        Mr. Rahul Chitnis Adv.
                        Mr. Sachin Patil, AOR
                        Mr. Dipak Thakre, Adv.
                        Mr. Hemant Shah, Adv.
                        Mr. Geo Joseph, Adv.

                        Mr.     C. U. Singh, Sr. Adv.
                        Mr.     F. I. Choudhury, AOR
                        Mr.     Noor Ul Islam , Adv.
                        Mr.     Vaibhav Karnik, Adv.

        UPON hearing the counsel the Court made the following
                               O R D E R
1    Leave granted.


2    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.

3 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.

4 Mr Tushar Mehta, learned Solicitor General appears on behalf of the Union of India.

3

5 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. 6 Arguments have been heard during the course of the day. 7 The appeals before this Court arise from the order of the Division Bench of the High Court of Judicature at Mumbai dated 9 November 2020, 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. 8 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.

9 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. 10 The concerned jail authorities and the Superintendent of Police, Raigad are directed to ensure that this order is complied with forthwith. 11 A certified copy of this order shall be issued during the course of the day.

        (SANJAY KUMAR-I)                                 (ANITA RANI AHUJA)
           AR-CUM-PS                                     ASSISTANT REGISTRAR