P. V. Varavara Rao vs National Investigation Agency, an Agency constituted under the National Investigation Agency, Act, 2008

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Bom) 196

S.S.SHINDE, MANISH PITALE
P. V. Varavara Rao – Appellant
Versus
National Investigation Agency, an Agency constituted under the National Investigation Agency, Act, 2008 – Respondent

Advocates Appeared:
For the Petitioners:Indira Jaising, Senior Advocate with Susan Abraham, Paras Nath Singh, Nilima Datta, Nihal Singh Rathod, Anand Grover, Senior Advocate with R. Sathyanarayanan, Neeraj Yadav, Pratik Surti, Aparna Ashitvikar, Borun Kumar, Ujjaini Chatterjee, Advocates, Anil C. Singh, A.S.G. with Sandesh Patil, Aditya Thakkar, Shriram Shirsat, D.P. Singh i/b Vishal Goutam for National Investigation Agency (NIA).
For the Respondents: Deepak Thakare, Public Prosecutor

Table of Content
1. request for release based on age and health. (Para 1 , 2 , 3 , 4)
2. sequence of criminal events leading to current situation. (Para 6 , 7 , 8 , 9)
3. deterioration of health while in custody. (Para 19 , 20)
4. arguments presented regarding the health condition. (Para 30 , 31 , 32 , 33)
5. court's analysis of the legal questions. (Para 35 , 36 , 37 , 38)
6. legal principles surrounding bail on health grounds. (Para 88 , 89)
7. final order regarding the release conditions. (Para 92 , 93 , 94 , 95 , 96)

JUDGMENT :

1. An appeal and two writ petitions have come up for consideration before this court for release of Dr. P.V. Varavara Rao, an accused and undertrial (hereinafter referred to as “the undertrial”) from custody, on the ground of his advanced age and precarious health condition.

2. The appeal being Criminal Appeal No.52 of 2021 has been filed under Section 21 (4) of the National Investigation Agency Act, 2008 (for short, “the NIA Act”) to challenge order dated 26/06/2020 passed by the Court of Special Judge for Greater Mumbai (hereinafter referred to as “the NIA Court”) in NIA Special Case No. 414 of 2020, whereby a bail application filed on behalf of the undertrial

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2021 Supreme(Bom) 196

S.S.SHINDE, MANISH PITALEP. V. Varavara Rao – AppellantVersusNational Investigation Agency, an Agency constituted under the National Investigation Agency, Act, 2008 – Respondent

Cases Referred (12)

S.S.SHINDE, MANISH PITALE
P. V. Varavara Rao – Appellant
Versus
National Investigation Agency, an Agency constituted under the National Investigation Agency, Act, 2008 – Respondent