Lawstreet Journal

Bombay HC grants bail to Varavara Rao on health grounds under writ jurisdiction despite a statutory ban [READ JUDGMENT]

Lawstreet Journal 24 Feb 2021 12:38am

Image courtesy: Lawstreet Journal Judiciary Bombay HC grants bail to Varavara Rao on health grounds under writ jurisdiction despite a statutory ban [READ JUDGMENT]

The Bombay High Court through its order dated 22February 2021 granted temporary bail to Dr PV Varavara Rao, one of the accused in the Bhima Koregaon- Elgaar Parishad case

Mr Rao was booked under the Unlawful Activities Prevention Act (UAPA), 1967 for allegedly being a senior member of a banned organization-Communist Party of India (Maoist). He is accused to be actively involved in arranging funding and providing arms and ammunition to the cadre of the said organization to wage war against the established Government, causing the death of several security personnel and citizens. Section 43D (5) of UAPA, 1967 prevents a grant of bail to any accused booked under the act. 

There were an appeal and two writ petitions before the court for consideration concerning the grant of bail to Mr Rao. 

A division bench of the High Court consisting of Justices SS Shinde and Manish Pitale after hearing the matter held that an accused under UAPA can be granted bail solely on the ground of poor health if it is seen that sending the person back to the prison will endanger his life. The court observed that the undertrial's health could not be ignored just based on the seriousness of his offence. If the accused is sent back to jail it will amount to a violation of his rights under Article 21 of the Constitution.

Mr Rao housed in the Tajola Central Prison had to be hospitalised on several occasions. He is of the advanced age of 81 years and suffers from several… Continue Reading...


Tagged: Bhima Koregaon  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.