P. VARAVARA RAO Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) All the proceedings have been filed by the accused - Dr. P. Varavara Rao. The accused and other 14 accused have been chargesheeted for commission of the offence under Sec. 121, 121(A) 153(A), 505 (1) (B), 117, 124 (A) r/w sec. 120 (B) of the Indian Penal Code (for short "I.P.C ") and Sec. 13, 16, 17, 18 (B), 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 (for short "UA (P) Act ".) The Division Bench of this Court vide order dtd. 22/2/2021 decided the proceedings filed by the accused namely Criminal Appeal No.52 of 2021 (Criminal Appeal LDVC No.143 of 2020), Criminal Writ Petition No.63 of 2021 and Criminal Writ Petition No.64 of 2021. This decision is reported in (2021) 2 Bom CR (Cri.) 483. The Division Bench of this Court partly allowed the prayer made by the accused and granted him bail for a limited period of six months on medical ground subject to the conditions set out in paragraph 92 of the judgment.

(2.) The period of six months has already expired. However, before expiry of the period of six months, the accused has filed Interim Application No.2018 of 2021 for extension of the temporary bail. He has filed Interim Application No.2779 of 2021 for modification of clause No.92 (c) of the order dtd. 22/2/2021. The accused has filed Criminal Writ Petition No.461 of 2022 and prayed to release him on a permanent bail on medical grounds. Substantive Criminal Writ Petition No.6319 of 2021 has been filed seeking modification of clause 92 (c) of the order dtd. 22/2/2021. Since the question of facts and law involved is identical, all the proceedings can be disposed of by the common judgment. The facts are as follows.

(3.) It is the case of the accused that from the day of his arrest, he has been in custody. He is 82 years old. He has been charge-sheeted without any evidence. The case is pending before the Special Court. Investigation even after filing the charge-sheet is in progress. There is no possibility of commencement of the trial for years together.