Case Note & Summary
The petitioner, Dr. P. Varavara Rao, an 83-year-old poet and activist, was arrested in connection with the Bhima Koregaon case and charged under the Unlawful Activities (Prevention) Act (UAPA) and other offences. He had been in custody since August 2018, initially in judicial custody and later on interim medical bail granted by the Supreme Court in November 2021. The present petitions sought regular bail on medical grounds, citing his advanced age, multiple health issues including Parkinson's disease, hypertension, diabetes, and post-COVID complications, as well as the prolonged incarceration. The National Investigation Agency (NIA) opposed bail, arguing that the allegations were serious and that the statutory bar under Section 43D(5) UAPA applied. The Bombay High Court, after considering the medical reports and the submissions, held that the right to life under Article 21 includes the right to health and that continued detention of an elderly and infirm accused would be disproportionate. The court noted that the trial was likely to take a long time and that the petitioner's health had deteriorated in custody. It granted bail on stringent conditions, including furnishing a personal bond of Rs. 1,00,000 with sureties, surrendering his passport, and reporting to the investigating officer periodically. The court also directed the petitioner to not tamper with evidence or influence witnesses.
Headnote
A) Criminal Law - Bail on Medical Grounds - Article 21 of the Constitution of India - Right to Life and Health - The court considered the petitioner's advanced age (83 years), multiple comorbidities including Parkinson's disease, hypertension, and post-COVID complications, and the prolonged incarceration of over 3 years. Held that continued detention would violate the fundamental right to life and health, and granted bail subject to conditions. (Paras 1-33) B) Unlawful Activities (Prevention) Act, 1967 - Section 43D(5) - Bail Restrictions - The court held that the bar under Section 43D(5) UAPA is not absolute and can be relaxed in exceptional circumstances, especially where the accused is elderly and infirm, and the trial is likely to take a long time. (Paras 20-25) C) Criminal Procedure Code, 1973 - Section 439 - Bail Powers - The court exercised its inherent powers to grant bail on medical grounds, emphasizing that the right to a speedy trial and humane conditions of detention are integral to Article 21. (Paras 26-30)
Issue of Consideration
Whether the petitioner, an 83-year-old accused in a UAPA case, is entitled to bail on medical grounds considering his age, health conditions, and the prolonged duration of incarceration.
Final Decision
The court allowed the petitions and granted bail to Dr. P. Varavara Rao on medical grounds, subject to conditions including a personal bond of Rs. 1,00,000 with one or more sureties, surrender of passport, and reporting to the investigating officer once a month.
Law Points
- Bail on medical grounds
- Right to life under Article 21
- Unlawful Activities (Prevention) Act
- 1967
- Code of Criminal Procedure
- 1973
- Section 439 CrPC
- Section 43D(5) UAPA
- Compassionate bail for elderly and infirm accused
