"Matter has not even been taken up for framing of charges and the discharge applications by accused and others are also pending. The medical condition of Rao has not improved over period of time so that bail granted is withdrawn. We thus find P Varavara Rao is entitled to bail on medical grounds. We thus delete the para limiting the bail to a period of time," a bench led by UU Lalit and S Ravindra Bhat said.
However, the court said that its order will not have any impact on the cases of the other Bhima Koregaon accused or that of Rao on merits, Bar and Bench reported.
Also, Rao was ordered to not leave the jurisdiction of Mumbai.
'Rao Suffering From Multiple Diseases, Trial Will Take at Least 10 Years To Conclude': Counsel
Senior advocate Anand Grover, who was representing Rao, said that there were no charges framed against his client.
He also argued that the trial would take at least 10 years to conclude, and highlighted the multiple ailments that the 82-year-old suffers from, including Parkinson's disease and chronic blood clotting.
Additional Solicitor General SV Raju, on the other hand, argued that Rao was attempting to delay the trial, in reply to which Justice Lalit said, "You don't dispute ailments. Look at his age. If he is suffering, then he will either continue or deteriorate. It cannot improve. Show us how it is improving now."
However, Raju continued his argument, saying, "Undertrial was a member of the banned organisation – CPIM. He also engaged in nefarious activities. Thus he was denied permanent bail. The nature of activities by the person is dangerous and harmful for the nation. He is a very shrewd person."
He also said that age cannot be a factor when the offence is "against the nation." "He has attempted to overthrow the constitutionally elected government. He is a criminal," Raju alleged.
In response, Justice Lalit said, "That is why we will put a condition that if he violates the bail condition, then the bail will be set aside."
Rao had moved the apex court in June this year seeking permanent bail on medical grounds. He had also challenged a judgment of the Bombay High Court that had denied his bail application.
In response, the National Investigation Agency (NIA) had argued that the accused should not be granted bail as he is "engaged in continuous unlawful activities against the Government of India."
(With inputs from Bar and Bench.)