Thread by @lawbarandbench

#BombayHighCourt to shortly begin hearing plea filed by #BhimaKoregaon accused Varavara Rao seeking permanent bail.

Hearing before Bench of Justices Sunil Shukre and GA Sanap.

@NIA_India

Court: There are four applications.

ASG: There is an interim application for extension.
Permanent bail.
Modification application to stay in Hyderabad.

#BombayHighCourt

ASG: The permanent bail application and application to stay in Hyderabad had been rejected by the earlier Bench.
In the extension application he had asked for further 6 months from the date the bail was granted. But that has expired as those 6 months have lapsed.

ASG is reading out the judgment of the earlier bench.

barandbench.com/news/litigatio…

ASG: This condition was granted considering the seriousness of the allegations, backdrop of facts.
His request was for permanent bail, but that was rejected.
The condititon was to surrender after 6 months.

ASG: In the present application, there was plea for extension of 6 months and 6 months have lapsed after that.

ASG: The Court had called for reports from nanavati hospital. We had suggested JJ, but then he insisted on Nanavati hospital, so he was kept in Nanavati.

ASG: He was suffering from minor ailements. We suggested JJ, because there are doctors in JJ which are not available in private hospitals.

ASG: But my learned friend sought report from Nanavati hospital, there was a categorical statement for Nanavati.

Grover: I did not..

Court: No what had happened was, when JJ hospital was suggested, Mr. Grover had pointed out the earlier order, which recorded that Rao had been treated in Nanavati and hence the report should be taken from Nanavati.

#BombayHighCourt

ASG: As far as medical examination is concerned, we are not experts in medical field. This Court hence the team from Nanavati to examine, which has given the report.

ASG: As a special case, his bail was granted. Where was the question of permanent medical bail?
The judgments cited were of permanent medical bail.

Court: for medical reasons if a person has become incapacitated then section 437 of CrPC, provides for the same.

Court: His bail was rejected by sessions?

Grover: It was rejected, so we approached High Court in appeal, but since the hearing was getting delayed, we approached the Supreme Court after #ArnabGoswami judgment.

Grover: The #SupremeCourt asked us to file in High Court first.

ASG: There was no question of permanent bail. The offence is very serious offence.

ASG: In the first case only when there was request for grant of permanent bail, then that was rejected.
There was a prayer for shifting to Telangana, which was rejected.

Court: Where is this mentioned in the judgment? Where are these prayers considered?

ASG shows the para 91 of the judgment.

ASG: The extension was sought for 6 months and then those 6 months have expired.

ASG: Milords can record my statement which I am making with all responsibility.
Whenever there is medical emergency or medical attention is required, then care and attention will be given.

ASG: It has to be agreed, that in JJ, the team of doctors had looked after him. Whenever anyone needs medical attention, they are taken, why would we not take care of him. Human approach has always been taken.

ASG: There may be some issue which cannot be treated in prison, but that is not the case now.

ASG: There is no question of permanent bail being given, a wrong signal will be sent out.
The grievances of cataract.. there is a doctor in JJ who holds the guinness world record for the maximum cataract surgery.

Grover: I have been acquitted in every case before. These are serious medical risks to him. How long should I wait for the final verdict? Should I die in the meantime? One person has already died…

Grover: as for facilities in Taloja, the Court has commented on the core facilities in the prison.
Even JJ hospital is commented upon in this case.

Grover: He was put in Nanavati after NHRC intervened. His condition was so bad that NHRC intervened and he was shifted to Nanavati.

Grover: your lordships do not sit in appeal over their opinion, but your lordships are supposed to come to a conclusion based on the facts of the case.

Grover: The opinion says he can manage things on his own. But I can manage myself in my home, but can I manage myself in jail?
My health condition is deteriorating…

Grover: If I am here I am without family support. my wife herself is not well here. Why should I burden my children. Why should I keep on spending in Mumbai?

Grover: Look at the balance. They want security. Can I not report to NiA court in Hyderabad? This is the national investigating agency. It has jurisdiction across the country. They can start a case in Delhi and investigate in Hyderabad as well.

Grover: Of course this is on the presumption that I get bail. If there is no bail, then I go back to prison.

Court: Anything else?

Grover: No done.

Court: So we are reserving these applications.
His interim protection is extended till final decision.