SC grants bail to Bhima Koregaon case accused Varavara Rao on medical grounds

By PTI

NEW DELHI: The Supreme Court on Wednesday granted common bail to Bhima Koregaon case accused Varavara Rao on medical grounds.

The 83-year-old poet and activist, who has challenged the Bombay High Court’s April 13 order rejecting his plea for everlasting bail on medical grounds, is at present on interim bail on medical grounds and he was to give up on July 12.

On July 19, the highest court docket noticed that the interim safety granted to Rao would proceed. The apex court docket on July 12 had prolonged Rao’s interim safety until additional orders.

The case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the subsequent day close to the Koregaon-Bhima struggle memorial on the outskirts of the western Maharashtra metropolis.

The Pune Police had additionally claimed that the conclave was organised by folks with alleged Maoist hyperlinks.

The NIA later took over the probe within the matter.

In his plea filed in opposition to the April 13 order of the excessive court docket, Rao has mentioned, “The petitioner is an 83-year-old renowned Telugu poet and orator, who has undergone over two years of incarceration as an under-trial.”

The plea submitted that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination”.

It mentioned Rao had challenged the excessive court docket order as he was not granted an extension of bail regardless of his age and precarious well being situation, and his prayer to shift to Hyderabad was additionally denied.

Rao was arrested on August 28, 2018 from his Hyderabad residence and is an under-trial within the case for which an FIR was lodged by Pune police on January 8, 2018 beneath numerous sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

Initially, Rao mentioned he was put beneath home arrest following an order of the apex court docket.

On November 17, 2018, he was taken into police custody and later shifted to the Taloja jail in Navi Mumbai.

On February 22, 2021, the Bombay High Court granted him interim bail on medical grounds and he was launched from jail on March 6, 2021.

Giving in depth particulars of his well being situation, together with his sufferings in jail, Rao had mentioned the excessive court docket order dated February 22, 2021 had contemplated that the petitioner may very well be on medical bail for an prolonged interval and even completely on medical grounds, relying on his situation supported by medical examination experiences.

The plea mentioned that after being granted bail, the petitioner’s well being had deteriorated and he had developed an umbilical hernia for which he needed to endure surgical procedure.

He must be operated for cataract in each eyes, which he has not undertaken as the price is prohibitive in Mumbai, the plea mentioned, including the petitioner has additionally been affected by neurological issues.

“It is submitted that in the totality of circumstances, the trial will take not less than 10 years. In fact, one of the accused in the case, Father Stan Swamy, who was suffering from similar ailments as the petitioner, passed away even before the trial could start,” it mentioned.

The excessive court docket rejected the plea however prolonged the time for the activist to give up earlier than the Taloja jail authorities by three months to allow him to endure cataract surgical procedure.

NEW DELHI: The Supreme Court on Wednesday granted common bail to Bhima Koregaon case accused Varavara Rao on medical grounds.

The 83-year-old poet and activist, who has challenged the Bombay High Court’s April 13 order rejecting his plea for everlasting bail on medical grounds, is at present on interim bail on medical grounds and he was to give up on July 12.

On July 19, the highest court docket noticed that the interim safety granted to Rao would proceed. The apex court docket on July 12 had prolonged Rao’s interim safety until additional orders.

The case pertains to alleged inflammatory speeches made on the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the subsequent day close to the Koregaon-Bhima struggle memorial on the outskirts of the western Maharashtra metropolis.

The Pune Police had additionally claimed that the conclave was organised by folks with alleged Maoist hyperlinks.

The NIA later took over the probe within the matter.

In his plea filed in opposition to the April 13 order of the excessive court docket, Rao has mentioned, “The petitioner is an 83-year-old renowned Telugu poet and orator, who has undergone over two years of incarceration as an under-trial.”

The plea submitted that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination”.

It mentioned Rao had challenged the excessive court docket order as he was not granted an extension of bail regardless of his age and precarious well being situation, and his prayer to shift to Hyderabad was additionally denied.

Rao was arrested on August 28, 2018 from his Hyderabad residence and is an under-trial within the case for which an FIR was lodged by Pune police on January 8, 2018 beneath numerous sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.

Initially, Rao mentioned he was put beneath home arrest following an order of the apex court docket.

On November 17, 2018, he was taken into police custody and later shifted to the Taloja jail in Navi Mumbai.

On February 22, 2021, the Bombay High Court granted him interim bail on medical grounds and he was launched from jail on March 6, 2021.

Giving in depth particulars of his well being situation, together with his sufferings in jail, Rao had mentioned the excessive court docket order dated February 22, 2021 had contemplated that the petitioner may very well be on medical bail for an prolonged interval and even completely on medical grounds, relying on his situation supported by medical examination experiences.

The plea mentioned that after being granted bail, the petitioner’s well being had deteriorated and he had developed an umbilical hernia for which he needed to endure surgical procedure.

He must be operated for cataract in each eyes, which he has not undertaken as the price is prohibitive in Mumbai, the plea mentioned, including the petitioner has additionally been affected by neurological issues.

“It is submitted that in the totality of circumstances, the trial will take not less than 10 years. In fact, one of the accused in the case, Father Stan Swamy, who was suffering from similar ailments as the petitioner, passed away even before the trial could start,” it mentioned.

The excessive court docket rejected the plea however prolonged the time for the activist to give up earlier than the Taloja jail authorities by three months to allow him to endure cataract surgical procedure.