1 1.BA.160-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

CRIMINAL APPLICATION (BA) NO. 160 OF 2021

( Dr. P.V. Varavara Rao Vs. State of Maharashtra )

Office Notes, Office Memoranda

of Coram, Appearances, Court'

s

orders or directions and

Registrar'

s orders

Court'

s or Judge'

s orders

Shri Nihalsingh B. Rathod, Advocate for the applicant/s.

Shri Amit Chutke, A.P.P. for the non-applicant /State.

CORAM: MRS. SWAPNA JOSHI, J.

DATED : 23^rd FEBRUARY, 2021.

Heard.

2.

Issue notice to the non-applicant, returnable

in four weeks.

3.

Shri Chutke, the learned APP waives service

of notice on behalf of the non-applicant/State and seeks

time to file reply.

4.

Learned counsel for the applicant has

pointed out that in prayer clause, Section 188 is wrongly

mentioned, instead of that, it would be Section 18 of the

Unlawful Activities (Prevention) Act, 1967. The learned

counsel for the applicant is permitted to carryout

requisite correction immediately in prayer clauses A & B

of the application.

5.

By this application, the applicant is seeking

regular bail in Crime No. 35/2016 registered at Police

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Station Etapalli, District Gadchiroli for the offences

punishable under Sections 307, 341, 342, 435, 323, 504,

506, 143, 147, 148, 149, 120B of the Indian Penal Code,

Sections 5 & 28 of the Arms Act, Section 135 of the

Bombay Police Act and Sections 16, 18, 20 & 23 of

Unlawful Activities (Prevention) Act, 1967.

6.

Shri Rathod, the learned counsel for the

applicant contended that at present the applicant is

admitted in Nanavati Hospital, Mumbai, due to his ill

health. It is submitted that the applicant was also

arrested on 28.08.2018 in Crime No.04/2018 registered

at Police Station Vishram Bag, Pune, for the offences

punishable under Sections 121, 121A, 153-A, 505(1)(b),

117, 120B read with Section 34 of the Indian Penal Code

and Sections 13, 16, 17, 18, 18B, 20, 38, 39 & 40 of

Unlawful Activities (Prevention) Act, 1967. It is

submitted that the applicant has been released on bail by

the Principal Seat of this Court (Coram : S.S. Shinde &

Manish Pitale, JJ.) vide common judgment dated

22.02.2021 passed in Criminal Appeal No. 52/2021

alongwith Criminal Writ Petition No. 63/2021 and

Criminal Writ Petition No. 64/2021, on the medical

grounds, by imposing certain conditions. He further

submitted that the applicant be released on interim bail

on the same terms and conditions.

7.

Shri Chutke, the learned APP, has not

disputed the said position. He seeks time to file reply.

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8.

In view thereof, considering the health

condition of the applicant, he is released on temporary

bail for a period of four weeks on same terms and

conditions.

O R D E R

i. The Applicant – Dr. P.V. Varavara Rao, be released

on temporary bail for a period of four weeks in

Crime No. 35/2016 registered at Police Station

Etapalli, District Gadchiroli for the offence

punishable under Sections 307, 341, 342, 435, 323,

504, 506, 143, 147, 148, 149, 120B of the Indian

Penal Code, Sections 5 & 28 of the Arms Act, Section

135 of the Bombay Police Act and Sections 16, 18,

20 & 23 of Unlawful Activities (Prevention) Act,

1967, on his furnishing P.R. Bond in the sum of Rs.

50,000/- with two solvent sureties in the like

amount.

ii. ^{The applicant is directed to be discharged from the}

Nanavati Hospital depending upon his health

condition as on today and he be released on

temporary bail, for a period of four weeks, subject to

the following conditions.

iii. The undertrial shall report to the nearest police

station through WhatsApp Video Call fortnightly. The

concerned police officers to allow such reporting

through WhatsApp Video Call.

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iv. The undertrial shall not make any statement

regarding the aforesaid proceedings pending before

the Sessions Court at Gadchiroli in any form of

media i.e. print media, elec