‘Misuse of process of law’: Gujarat High Court rejects Narayan Sai’s bail plea, calls out ‘delay tactics’
The Gujarat High Court noted that Narayan Sai is a "contributory factor" in his prolonged incarceration by filing repeated bail pleas instead of pursuing his appeal.
Narayan Sai, the son of self-styled godman Asaram Bapu, will remain behind bars after the Gujarat High Court dismissed his fifth successive bid for release, sharply criticising what it termed a deliberate “delay tactics” to obstruct the final hearing of the pending appeal by resorting to repeated applications as a “misuse of process of law.
A division bench of Justice I J Vora and Justice R T Vachhani on May 4 passed an interlocutory application (IA) order, rejecting the application seeking suspension of sentence filed by Narayan Sai, who was convicted by a Surat court in 2019 for rape, unnatural sex, molestation, and criminal intimidation of a woman devotee. The court found no merit in his legal arguments or in his plea citing prolonged incarceration.
Stating that once the accused was convicted of a serious offence, the presumption of innocence would no longer exist, the High Court refused to consider points of reanalysis of the evidence, including Sai’s contention of delay in lodging the FIR.
On his contention that prolonged incarceration entitled him to bail, the court said that from 2019 to the present, he had “not cooperated in the final hearing of the appeal” as he tried to get temporary or permanent bail by filing numerous applications. The court cited that in 2021, it had fixed the appeal for final hearing, but the accused was “never ready”.
The High Court also pointed out what was perhaps the most telling exchange that came during the hearing itself. When the bench offered to hear the criminal appeal on a day-to-day basis, the counsel informed the court that she had “only instructions to argue the application for suspension of sentence” — and that the convict would be ready to argue the appeal only after this bail application was disposed of.
Noting the significance of that statement, the court said, “The convict himself is the contributory factor for passing the time and thus, now he is not entitled to claim that, due to long incarceration and delay in hearing the appeal, he may be released on bail pending the appeal…”
On successive applications used to avoid hearing the appeal on its merits, the court said, “The applicant-convict is not interested at all in expeditious hearing of his appeal and by adopting delay tactics, he having tendency to file repeated applications which conduct itself disentitle the applicant for discretionary relief and same would be nothing, but a misuse of process of law.”
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Petitions before Supreme Court
Sai also challenged previous High Court orders before the Supreme Court via special leave petitions, including an order that had gone in his favour and granted him liberty to file a fresh application before the High Court. The court noted that in the petition, the convict “has nowhere mentioned that, on the last occasion, he had not pressed the application and did not invite reasoned order”.
The court clarified that all observations are “tentative and prima facie in nature and confined to adjudication of this application only”. With the High Court’s summer vacation approaching, Sai’s criminal appeal is next listed for June 12. The court closed its order with a remark, “We hope that, on that day, the applicant-convict shall proceed with the hearing of the appeal.”
Sai’s counsel Kruti Shah had argued that the convict had undergone more than 12 years of incarceration and had “very fair chances of succeeding in his appeal”, and cited alleged contradictions in the victim’s evidence, inordinate delay in filing the FIR, as well as lapses in investigation. The advocate also submitted that the applicant has diabetes, has a complaint of migraine, and has severe back pain due to a spinal cord issue.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
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Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
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