The main legal point established in the judgment is the court's consideration of the accused's health condition, the seriousness of the alleged offences, and the lack of medical facilities in jail in deciding to extend the temporary bail.

JUDGMENT

G.A.SANAP, J.

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.

4. The accused is suffering from Neurological Systems. He was examined by Dr. Wadia on 26/7/2021. Dr. Wadia suspected earlier Parkinson. MRI Test was conducted at Nanavati Hospital. The report shows signs of early Parkinson. The accused has also memory retention problem, movement disorders with tremors and gait instability. The accused is also found to have lacunar infarcts in six major lobes of the brain. He has undergone the city scan. There is abnormality in the posterior margin of the substantia nigra of the brain. In short, it is his case that he has been suffering from Neurological, heart and other old age related ailments. His health condition is not compatible with the conditions prevailing in jail. No facilities have been provided in Jail as per the Jail Manual. Due to old age and the ailments, chances of survival of the accused in the conditions and environment of Jail are minimal. His health condition has worsened. After the order of bail, he is suffering from dementia. He may fall due to the ailments and his overall health condition. He has, therefore, prayed for bail on his health ground.

5. On receipt of the report of the examination of the accused from Nanavati Hospital, the accused has filed a separate affidavit. In the said affidavit, it is stated that the medical opinion and the reports have been manipulated by the National Investigation Agency (for short "N.I.A "). The medical opinion and reports from Nanavati Hospital have, therefore, lost it 's credibility.

6. It is further case of the accused that in case this Court is inclined to grant him bail then condition No.92 (c) of the judgment and order dtd. 22/2/2021 may be modified and he may be allowed to stay with his family at Secunderabad in the State of Telangana. He needs to be looked after by his family members. His children are Doctors. The medical facilities in the State of Telangana are provided free of costs. His stay at Mumbai is costly. It is, therefore, necess