Varavara rao surajgad bail

1. 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 : 23rd
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
::: Uploaded on - 24/02/2021 ::: Downloaded on - 24/02/2021 22:31:39 :::

2. 2 1.BA.160-2021.odt
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.
::: Uploaded on - 24/02/2021 ::: Downloaded on - 24/02/2021 22:31:39 :::

3. 3 1.BA.160-2021.odt
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.
::: Uploaded on - 24/02/2021 ::: Downloaded on - 24/02/2021 22:31:39 :::

4. 4 1.BA.160-2021.odt
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, electronic media, etc.
including social media.
v. The undertrial shall not indulge in any activity
similar to the activities on the basis of which the said
FIR stood registered against him for offences under
the IPC and UAPA.
vi. The undertrial shall not try to establish
communication with co-accused or any other person
involved directly or indirectly in similar activities or
make any international call to any person indulging
in similar activities as alleged against him, through
any mode of communication.
vii. The undertrial shall not undertake any action which
is prejudicial to the proceedings before the Sessions
Court, Gadchiroli.
viii. The undertrial shall not personally or through
anyone make any attempt to influence witnesses or
tamper with the evidence.
ix. There shall not be any gathering of visitors, other
than near relatives, where the undertrial shall reside,
within the jurisdiction of the NIA Court.
::: Uploaded on - 24/02/2021 ::: Downloaded on - 24/02/2021 22:31:39 :::

5. 5 1.BA.160-2021.odt
x. On completion of period of four weeks, the
undertrial shall surrender to the jail authorities, or
he may apply for extension, depending upon his
health condition supported by medical examination
reports.
xi. In the event, the undertrial violates any of the
aforesaid conditions, the relief of temporary bail
granted by this court will be liable to be cancelled.
9. At the request of learned counsel for the
applicant, a time of one week is granted to furnish two
solvent sureties of the like amount.
10. List the matter after four weeks. In the
meanwhile, State / Prosecution to file reply.
Humdast granted.
CRIMINAL APPLICATION (APPP) NO. 342 OF 2021
For the reasons mentioned in the
application for removal of office objection and in the
interests of justice, the application is hereby allowed.
2. Time is granted till returnable date to
remove office objections.
3. Criminal Application (APPP) No.342/2021
stands disposed of accordingly.
(MRS. SWAPNA JOSHI, J.)
SD. Bhimte
::: Uploaded on - 24/02/2021 ::: Downloaded on - 24/02/2021 22:31:39 :::