Bhima Koregaon Case: Supreme Court Grants 6-Week Medical Bail to UAPA Accused Mahesh Raut
SC Grants Medical Bail to Mahesh Raut Despite NIA Objection on Serious Allegations
The Supreme Court on Tuesday granted six weeks’ medical bail to Bhima Koregaon accused Mahesh Raut, who was arrested under the Unlawful Activities (Prevention) Act (UAPA).
The Bench of Justice MM Sundresh and Justice Satish Chandra Sharma noted that Raut, who suffers from Rheumatoid Arthritis, an autoimmune disorder affecting bones and muscles, had already been granted bail by the High Court, but the order was stayed.
Senior Advocate CU Singh, appearing for Raut, argued that the stay on bail had continued for nearly two years, leaving the accused in custody despite judicial recognition of his case.
Justice Sundresh remarked: “It’s unfair. If you go by the judgment, we are not supposed to stay bail as a matter of course.”
Passing the order, the Bench said: “The applicant is seeking interim bail on medical grounds coupled with the fact that he was actually granted bail. We are inclined to grant medical bail for a period of six weeks.”
Advocate Zoheb Hossain appearing for the NIA, opposed the relief, submitting that Raut was accused of transferring funds to Maoists and that the allegations were of a very serious nature.
In response, Justice Sundresh referred to a line from an English film, quipping: “If you kill a single person, you are a murderer, but if you kill a thousand persons, you are a conqueror. That’s the only difference.”
The Court has now allowed Raut’s medical bail while keeping the broader challenge pending.
Notably, on September 8, the Bench had taken note of Raut’s submission that he has been suffering from rheumatoid arthritis (RA) and that adequate medical facilities for treatment are not available within the prison or at J.J. Hospital.
Raut was earlier granted bail by the Bombay High Court. However, on the National Investigation Agency’s (NIA) request, the High Court stayed the order for a week, which was later continued by the Supreme Court. Raut has been incarcerated for over seven years in connection with the Bhima Koregaon-Elgar Parishad case.
Justice Sundresh had observed that the Court would not hesitate to consider medical release if the ailment was indeed serious and required sustained treatment. “If the ailment is so serious that it warrants continuous treatment, then there is no difficulty. Because all of us know that government doctors play it safe. If a serious treatment is required, they will not touch it because if anything happens then they will be responsible,” Justice Sundresh remarked. He had further added, “So let’s just find out, no problem.” The Bench clarified that if the State or prison authorities wished to file an affidavit, they were free to do so.
A division bench of Justice AS Gadkari and Justice Sharmila Deshmukh of the Bombay High Court on September 21, 2023 had granted bail to Raut.
"Prima facie Section 13 and 38 of the UAPA are applicable and section 16, 17, and 18 are not made out. Bail conditions are the same as Anand Temtumbe" the bench had said.
Mahesh Raut, who is accused of alleged links with CPI Maoists was earlier denied bail by the Pune Session Court and Special NIA Court in Mumbai. Raut then filed an appeal before the high court against the rejection of bail by the NIA Court.
Notably, on September 27, 2023, the Apex Court had extended the stay granted on Raut's bail by the Bombay High Court till October 5, 2023. The same order of extension of stay is still ongoing.
Case Title: NIA v. Mahesh Sitaram Raut
Hearing Date: September 16, 2025
Bench: Justice MM Sundresh and Justice Satish Chandra Sharma