Elgar Parishad Case: Bombay HC grants interim bail to Varavara Rao
22 Feb 2021 15:49:12
Mumbai, Feb 22: Based on medical grounds, the Bombay High Court has granted an interim bail of six months to Bhima Koregaon violence's Elgar Parishad case accused Varavara Rao, on Feb 22. A bench of Justices S S Shinde and Manish Pitale ordered Rao to be discharged from the hospital, depending on his current health condition, and released on bail immediately after his discharge.
The High Court observed that it was a "genuine and fit" case for granting relief in view of the advanced age of the petitioner and inadequate facilities at Taloja jail hospital. While granting interim bail to Rao, the HC said that if the court fails to do so then it would be an abdication of its duty to protect the principles of human rights, and a citizen’s fundamental rights to life and health, that Article 21 of the Indian Constitution assures.
The Bench of Justices SS Shinde and Manish Pitale ruled that "We feel that with the condition of the under trial, it would be inappropriate to send him back (to jail)." The bench also imposed stringent conditions in Rao’s bail, including a direction to him to stay within the jurisdiction of the Mumbai NIA court during the period he is out on bail.
A division bench of Justices SS Shinde and Manish Pitale said that after 6 months, Rao is either expected to surrender or apply for extension. The bench imposed a condition that Rao should not make any public statements related to the proceeding and should not establish connection with co-accused. The bench also stated that allowing Rao to go back to Hyderabad, where he belongs, is 'fraught with risk.'
Hemlatha, wife of the accused, had approached the court to seek judicial help and had issued a writ petition that alleged a breach of Varavara Rao's fundamental rights due to inadequate medical care and his continued incarceration. Therefore, the High Court had closed all arguments in the case on Feb 1 and reserved the verdict on Rao’s medical bail plea.