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BOMBAY HIGH COURT - APPELLATE SIDE,BOMBAY
DR. P. V. VARAVARA RAO – Appellant
Versus
NATIONAL INVESTIGATION AGENCY AND ORS – Respondent
WP 64/2021
1/92 53 Cri. Apeal-52.21 with WPs (01-02-21) J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.52 OF 2021
(CRIMINAL APPEAL LDVC NO.143 OF 2020)
Dr. P.V. Varavara Rao,
R/o. Himsai Heights, Flat No.419,
Lane No.6, Jawahar Nagar, Kawali
Gadda, Secunderabad, Telengana.
[At present, lodged in Taloja Central
Prison.]
]
]
]
]
]
] … Appellant
Versus
1.
National Investigation Agency, an
Agency constituted under the
National Investigation Agency,
Act, 2008, having its address at
7th Floor, Cumbala Hill, MTNL
Telephone Exchange Building,
Pedder Roar, Mumbai – 400 026.
]
]
]
]
]
]
]
2.
The State of Maharashtra.
] … Respondents
ALONG WITH
CRIMINAL WRIT PETITION NO.63 OF 2021
(CRIMINAL WRIT PETITION (ST.) NO.4869 OF 2020)
Pendyala Hemalatha
R/o. Flat No.419, Hima Sai Heights,
Above Heritage Fresh, Street No.6,
Jawahar Nagar, Gandhi Nagar,
Hyderabad, Telangana – 500 020.
]
]
]
]
] … Petitioner
AJN
2/92 53 Cri. Apeal-52.21 with WPs (01-02-21) J.odt
Versus
1.
The State of Maharashtra,
(Through the learned Chief
Prosecutor
for State of
Maharashtra).
]
]
]
]
2.
National Investigation Agency, an
Agency, constituted under the
National Investigation Agency
Act, 2008 having its registered
address at CGO Complex, Lodhi
Road, New Delhi – 110 003 and
having its Mumbai Office at 7th
Floor, Cumbala Hill, MTNL
Telephone Exchange Building,
Pedder Road, Mumbai – 400 026.
]
]
]
]
]
]
]
]
]
]
3.
The Superintendent of Taloja Jail,
Kharghar, Navi Mumbai, Raigad,
Maharashtra – 410 210.
]
]
] … Respondents
ALONG WITH
CRIMINAL WRIT PETITION NO.64 OF 2021
(CRIMINAL WRIT PETITION (ST.) NO.6320 OF 2020)
Dr. P. V. Varavara Rao,
R/o. Himsai Heights, Flat No.419,
Lane No.6, Jawahar Nagar, Kawali
Gadda, Secunderabad, Telengana.
[At present, lodged in Taloja Central
Prison.]
]
]
]
]
]
]
] … Petitioner
Versus
AJN
3/92 53 Cri. Apeal-52.21 with WPs (01-02-21) J.odt
1.
National Investigation Agency, an
Agency, constituted under the
National Investigation Agency,
Act, 2008 having its address at 7th
Floor, Cumbala Hill, MTNL
Telephone Exchange Building,
Pedder Road, Mumbai – 400 026.
]
]
]
]
]
]
]
2.
The Superintendent,
Taloja
Central Jail, Taloja, Navi
Mumbai.
]
]
]
3.
The State of Maharashtra.
] … Respondents
…
Ms. Indira Jaising, Senior Advocate with Ms. Susan Abraham, Mr.
Paras Nath Singh, Ms. Nilima Datta and Mr. Nihal Singh Rathod
for the Petitioner in WP No.63 of 2021 and WP No.64 of 2021.
Mr. Anand Grover, Senior Advocate with Mr. R.
Sathyanarayanan, Mr. Neeraj Yadav, Mr. Pratik Surti, Ms. Aparna
Ashitvikar, Mr. Borun Kumar and Ms. Ujjaini Chatterjee for the
Appellant in Criminal Appeal No.52 of 2021.
Mr. Anil C. Singh, A.S.G. with Mr. Sandesh Patil, Mr. Aditya
Thakkar, Mr. Shriram Shirsat and Mr. D. P. Singh i/b Mr. Vishal
Goutam for National Investigation Agency (NIA).
Mr. Deepak Thakare, Public Prosecutor for the Respondent/State.
…
AJN
4/92 53 Cri. Apeal-52.21 with WPs (01-02-21) J.odt
CORAM
: S.S. SHINDE &
MANISH PITALE, JJ.
RESERVED ON
: 01ST FEBRUARY, 2021
PRONOUNCED ON : 22ND FEBRUARY, 2021.
J U D G M E N T:-
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 (h
