The lawyer for an Indian man who killed an Australian student in a hit and run in Melbourne before leaving the country while awaiting sentencing says he will use his client's medical condition to fight any extradition, but that his client is willing to face justice in India.

Puneet Puneet was allegedly drunk and driving at 148 kilometres per hour when he hit and killed 19-year-old Queensland student Dean Hofstee, and seriously injured 20-year-old Clancy Coker in 2008.

Puneet pleaded guilty to culpable driving and negligently causing serious injury, but in 2009 while on bail awaiting sentencing, he left Australia using his friend's passport.

He was on the run for four years before being arrested in the city of Patiala, north of the Indian capital in 2013.

He was imprisoned awaiting extradition but was released on bail last month based on a medical report that said he is suffering from the potentially life-threatening kidney condition glomerulonephritis.

"What is the purpose of taking him [from] India to Australia ... and there also he is admitted in the hospital?" Puneet's lawyer Kanhaiya Singhal said.

Mr Singhal said his 26-year-old client was too sick to meet with the ABC and was being treated in a Delhi hospital.

According to his jail medical records, Puneet was suffering from the illness before he was imprisoned and his condition was not improving despite treatment.

Prosecution sources have told the ABC it would be very difficult to challenge the order that granted Puneet bail and that they were focusing their efforts on the extradition proceedings.

As part of his bail, Puneet is required to appear at future extradition hearings.

His lawyer said his client would appear if his health permits as he does not want to avoid justice.

"He is not going to run away," Mr Singhal said.

"He will face the trial, face the extradition hearing till the end."

Queensland nursing student Dean Hofstee was killed in the hit and run. ( Supplied: justicefordean.wix.com )

Puneet's parents say son fled after losing job, racist attacks

Puneet's parents said their son fled Australia because he had no money after he lost his job, and was facing racist attacks.

"When he was there, all the newspapers published his photos after the accident," his father Naresh Kumar told the ABC.

"After that there were racial attacks on him, people came over to his house and attacked him."

Puneet's legal team is fighting his extradition on several other grounds, including that he may be subjected to racist attacks if he returns to Melbourne.

"They will kill him in jail because there is racism there and discrimination exists between white and black," Mr Kumar said.

"It was there before and it exists till today."

Puneet's lawyer said his client was willing to face trial in India, where the penalty for culpable driving is two years in prison. In Australia it is a maximum of 20 years.

India and Australia signed a new extradition treaty in 2011.

Mr Kumar said it was wrong of his government to sign the treaty when there was such a vast difference between the sentences in each country.

"If there is a memorandum signed between two countries at least it should be on the same ground," he said.

Puneet's parents said they feel sympathy for the parents of the hit-and-run victim Hofstee.

"Their son has died, we sympathise with them," Puneet's mother Geeta Rani said.

"Death in return for death is not how it should be. Please forgive our son.

"He is receiving punishment from God through his illness."