JUDGMENT

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 on the ground of old age and medical conditions, stood dismissed.

3. Criminal Writ Petition No.63 of 2021 has been filed by the wife of the undertrial with prayers for declaration that the respondents have failed to provide appropriate medical treatment to the undertrial in custody, thereby violating his fundamental right to health, dignity and life guaranteed under Article 21 of the Constitution of India, apart from violating International Covenants pertaining to Human Rights and for a direction to the respondents