[Arnab Goswami's Plea Against His Arrest In 2018 Abetment To Suicide Case] Live Updates From Bombay High Court

Ponda now refers to the SC decision in 'Asian Resurfacing' which observed that High Court has power under Article 226 to consider bail

Ponda says that in 'Kartar Singh' case, the SC held that the High Court can grant bail even under Article 226 in exceptional circumstances.

Ponda refers to the SC judgment in 'Kartar Singh' case to say that the High Court has the power to directly consider bail.

Salve was referring to Senior Advocates Abad Ponda and Amit Desai in the above comment.

Salve : Whatever little of criminal law I know, I learnt from Mr.Ponda and Mr. Desai. So when they speak, I take a back seat.

Ponda cites the 2014 SC judgment in Sandeep Kumar Bafna which held that a person can directly surrender before HC to apply for bail.

Ponda : If we are challenging the very basis, seeking quashing the FIR, this court needs to be approached.

Justice Shinde : Under ordinary course, the petitioner should have approached which court?

Ponda : Ordinarily, the Magistrate.

Justice Shinde asks Ponda if bail was applied before CJM.

Ponda says the bail application was withdrawn as the CJM did not give any specific date and posted it after "reasonable time".

Salve : Habeas may not lie technically. But we have challenged the entire FIR and the arrest.