On Tuesday, the Apex Court extended the interim bail granted on medical grounds to activist & poet Dr P Varavara Rao, an accused in the 2018 Bhima Koregaon violence case.
A bench of Justice UU Lalit, Justice S Ravindra Bhat & Justice Sudhanshu Dhulia posted Rao's plea seeking permanent bail on medical grounds for a hearing on July 19.
Solicitor General Tushar Mehta appearing for the National Investigation Agency (NIA) sought adjournment for tomorrow or the day after tomorrow as he has to appear in fresh matters. Mehta said Rao's interim protection to surrender, granted by the High Court of Bombay & ending today, can be extended.
Senior Lawyer Anand Grover, appearing for Rao, did not object to the Solicitor General's request.
The bench said that "At the joint request of counsels appearing for the parties, list the matter on July 19. The interim protection enjoyed by the petitioner will enure to his benefit till further orders"
Yesterday (Monday), the bench posted the matter for hearing on Tuesday after the Solicitor General requested an adjournment so as to place some documents on record.
Rao has challenged an April 13 judgment of the Bombay High Court which had rejected his plea for permanent bail. The High Court, however, had extended the time for Rao to surrender before the Taloja prison authorities by three months, to enable him to undergo cataract surgery.
It had also rejected Rao's application to stay in Hyderabad instead of Mumbai, while out on bail.
In his appeal, Rao has said that he has undergone over two years of incarceration as an under-trial, & is currently enlarged on bail on medical grounds by the Bombay High Court.
The plea said, "Any further incarceration would ring the death knell for him as advancing age & deteriorating health are a fatal combination".
Rao has challenged the HC order as he was not granted an extension of bail, despite his advanced age & precarious & deteriorating health condition, & has been denied the prayer to shift to Hyderabad.
He was arrested on Aug 28, 2018, from his home in Hyderabad & is an under-trial in the Bhima Koregaon case for which FIR was lodged by the Pune Police at Vishrambagh Police Station on January 8, 2018, under various sections of IPC & several provisions of Unlawful Activities (Prevention) Act (UAPA).
Rao, who was initially put under house arrest pursuant to the order of the top court, was ultimately taken into police custody on Nov 17, 2018, & later shifted to Taloja Jail.
Rao in his appeal said that in the totality of circumstances, the trial will take not less than ten 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, his appeal added.
In Feb 2021, the Bombay HC granted him interim bail on medical grounds & he was released from jail on March 6, 2021.
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