City Civil and Sessions Court, Bombay: In an application filed by Dr. P V Varavara Rao ‘applicant-accused’ seeking permission to travel Hyderabad and to stay there for a period of 3 months for undergoing cataract surgery at Hyderabad, Rajesh J. Katariya, J. refuses to allow the application because if the applicant is permitted to go and stay at Hyderabad for three months, the framing of charge would get prolonged.
The major grounds on which application is filed is that the medical expenses for the said surgery are at higher side and he can get treatment free of charge at Hyderabad being a pensioner of Telangana Government.
Counsel for applicant submitted that applicant is granted permanent medical bail by the Supreme Court however, Counsel for State submitted that the Supreme while granting medical bail imposed condition to the applicant that he shall not leave the area of Gr. Mumbai without the express permission of the Trial Court.
The Court while the rejecting the prayer noted that on perusal of the order passed by the Supreme Court it is clear that the Court concerned is required to frame charges against the accused and decide pending discharge application simultaneously within three months from the order dated 18-08-2022, which will get delayed if the application is allowed.
[Varavara Rao v. State of Maharashtra, 2022 SCC OnLine Dis Crt (Bom) 11, decided on 23-09-2022]
Advocates who appeared in this case :
Mr. Niraj Yadav, Advocate, for the Applicant/Accused no. 6;
SPP Mr. Prakash Shetty, Advocate, for the NIA.
*Arunima Bose, Editorial Assistant has put this report together.