Thread by @barandbench

#AlibaugSessionsCourt is hearing the revision application filed by the #MaharashtraPolice challenging remand order granting judicial custody to #ArnabGoswami in connection to the suicide case of #AnvayNaik of 2018.

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Sr. Adv. Aabad Ponda appearing for #ArnabGoswami has concluded his submissions.

Lawyer on behalf of Feroze Shaikh has commenced submissions in the revision plea.

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The lawyers on behalf of accused defended the remand order passed by the Magitrate at Alibaug.

Ponda further requested that the verdict on the revision application and bail application may be given together.

#AlibaugSessionsCourt will decide on the request after the revision application subissions are over.

Lawyer for Feroze Shaikh submits that the request of the informant (wife of Anvay Naik) to re-open investigation is unfair.

Lawyer submits that whatever information could be submitted during the previous investigation, has been submitted already.

In support of the submission lawyer stated that the wife of the victim did not take any action against alleged omission of the police to conduct investigation properly for so long and has approached the authorities only now.

Lawyer for Feroze Shaikh, Adv. Neha Raut concluded her arguments by stating that the police has been given right to interrogate the accused everyday, which essentially serves their purpose of investigation.

Raut also requested the Court to hear the bail application at the earliest as Shaikh had not filed for interim bail before the High Court.

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Raut: The first person who would come to know about financial losses is the wife and who should commit suicide with her 'suhaag' is the wife!

Raut remarked while submitting that it is hard to believe that the wife of the victim was not aware of the investigation status.

Raut: why does the police need me after I have submitted all my evidence, for third degree torture like in Hindi cinemas.

She submitted in conclusion while requesting the #AlibaugSessionsCourt to begin hearing their bail applications.

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Adv. Vijay Aggarwal begins his brief submissions opposing the revision application on behalf of accused, Nitesh Sarda.

Aggarwal had made his submissions yesterday too, pointing out that police custody was unnecessary.

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Aggarwal relied upon provisions of CrPC to submit that even if the accused is kept in custody, the police cannot force him to speak or give evidence.

He added that Sarda had co-operated with the police even before he was arrested.

Aggarwal: When the accused was summoned, he appeared. He did not file anticipatory, then why arrest him? He was not absconding.

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He added that the remand order was passed with proper application of mind.

"It is evident as the order was passed at 11.30 after thorough hearing." He contended.

Aggarwal concluded his submissions vehemently opposing the revision application.

Spcl. PP P. Gharat begins his submissions in support of the revision application staating that the application was challening the correctness and propriety of the order.

Gharat added that the arrest was required as there was a suicide note recovered.

He stated that of the arrest was not required then the Magistrate would not have granted permission to interrogate in judicial custody.

Gharat: why is police chstody required then, arrest and put in judicial custody straightaway.

Gharat: Suicide is not offence but abetment is. And the accused bave been charged with driving a person to commit suicide.

Gharat: There is specific mention in his note, that these three are cause of finishing my life.

Gharat refers to the High Ciurt to point out the observations of the court.

Lawyer for Nitesh Sarda intervenes that the HC specifically clarifies that the Sessions Court should not be influenced by observations of the High Court.

Gharat: Assuming the contention of accused that Naik murdered his motheris correct, it is important to note that Anvay Naik must be under such stress that he was compelled to kill her and then himself.

Gharat: some police custody is necessary, considering the support to the accused from the political party and considering his influence.

Magistrate was duty bound to grant police custody and not get swayed away.

Adv. K. Kadam appearing with Vijay Aggarwal interjects Gharat's submissions that he is not arguing on law and going into facts. That he is deliverately also delaying the bail hearing.

Sessions judge directs him to stick to arguments on law.

Gharat refers to the High Court's order of yesterday rejecting the interim bail to point out how the court had recorded that the victim's family was not aware of the investigation till May 2020 this year.

Gharat concludes his arguments requesting the Sessions Court to set aside the remand order given on "flimsy" grounds and to grant police custody.

Aggarwal gives a rejoinder to Gharat's submissions
States that he (Sarda) is kot politically connected.

Accused lawyers state that if the interrogation has not yet begun deapite custody then the permission was sought only for the purpose of submitting that as an argument.

#AlibaugSessionsCourt reserves order on the revision application.

Bail applications will be heard tomorrow.

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PP objects to reserving order after bail hearing on the ground that if Police Custody is granted then the question of bail does not arise.

Adv. Parkar for Goswami submits that the revision outcome may be anything, even rejection.

Parkar: my right dies after 4th day.

Parkar points out that the State assured before the High Court that they will co-operate but now they are not.

Court decides that bail will also be heard day after pronouncement of order in revision application.

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