GOKALKONDA NAGA SAIBABA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2.) The applicant who is accused no. 6 in Sessions Case Nos. 13 of 2014 and 130 of 2015 stands convicted for the offence punishable under section 13 and 18 of the Unlawful Activities (Prevention) Act, 1967 read with Section 120 B of the Indian Penal Code. By the judgment dated 07.03.2017 he has been sentenced to suffer imprisonment for life. This conviction is under challenge in Criminal Appeal No. 137/2017. An earlier application filed by the present applicant under Section 389 of the Code of Criminal Procedure, 1973 (for short, 'the Code') has been rejected by this Court on 25.03.2019. The applicant has not chosen to challenge that order. By the present application also filed under Section 389 of the Code, the applicant has prayed for his release on temporary bail.

(3.) Shri N.B. Rathod, learned counsel for the applicant submitted that though the earlier application preferred by the applicant under Section 389 of the Code was rejected, the present application has been filed seeking temporary bail mainly on two grounds. Firstly, on account of spread of COVID-19 pandemic, it is submitted that as there is a grave likelihood of the applicant being infected, he ought to be released on temporary bail for a period of forty five days. Secondly, it is submitted that the medical condition of the applicant has further deteriorated after 25.03.2019 and on that count also the applicant deserves to be enlarged on temporary bail. In addition, it is urged that the health of the applicant's mother is also a cause of concern and the applicant's presence with her is necessary.