SC rejects plea which challenged Asaram’s bail on medical grounds
While granting Asaram another interim bail, this time for six months, the HC had said on October 29 that “It can be seen that the accused petitioner is in a vegetative condition”.
Asaram was punished for raping a woman disciple, who hailed from Surat, on several occasions between 2001 and 2006 when she was living at his ashram in Motera near Ahmedabad. (File Photo)
The Supreme Court on Monday dismissed a plea challenging the interim bail granted to self-styled godman Asaram Bapu in a sexual assault case. The bail was granted by the Rajasthan High Court during the pendency of Asaram’s appeal against his 2018 conviction and life sentence, with the SC asking the HC to dispose of the appeal within three months. A Bench of Justice P S Narasimha and Justice Atul S Chandurkar declined to interfere with the HC’s decision to extend Asaram’s medical bail.
The complainant, represented by advocate Shobha Gupta, argued that the HC wrongly extended bail despite the gravity of offences under the IPC and POCSO Act. She also submitted that Asaram had violated bail conditions by participating in public events, and that his health condition was not so severe as to justify continued medical bail.
Asaram was represented by senior advocate Devdutt Kamat. The State of Rajasthan, through AAG Shiv Mangal Sharma and Advocate Sonali Gaur, supported the complainant’s objections, highlighting both the prolonged pendency of the appeal and earlier findings of bail violations. AAG Sharma said that while declining to cancel the interim bail, the SC noted the extraordinary delay in the appeal and directed the HC to conclude the hearing and deliver its judgment within three months.
While granting Asaram another interim bail, this time for six months, the HC had said on October 29 that “It can be seen that the accused petitioner is in a vegetative condition”.
Directing Asaram to furnish a personal bond and two sureties, the HC had said that he cannot leave India without prior permission, that he will have to submit his medical report regarding the treatment which he received during the period of six months, and that at the end of six months he will surrender himself before the concerned jail authorities to undergo the sentences.
Asaram, alias Ashumal, was charge-sheeted on November 6, 2013 and after a trial lasting almost five years, the Magistrate, Special Court, Protection of Children from Sexual Offences (POCSO) Act, 2012, Jodhpur, Rajasthan, convicted him on April 25, 2018. He was convicted for the offences under several sections of the IPC, the Juvenile Justice (Care and Protection of Children) Act, 2000, as well as the POCSO Act.
His appeal challenging his conviction has been pending before the HC since 2018, despite multiple attempts to expedite the proceedings.
Hamza Khan is a seasoned Correspondent for The Indian Express, specifically reporting from the diverse and politically dynamic state of Rajasthan. Based in Jaipur, he provides high-authority coverage on the state's governance, legal landscape, and social issues, directly supporting the "Journalism of Courage" ethos of the publication.
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Politics & Governance: Comprehensive tracking of the Rajasthan Legislative Assembly, including policy changes (e.g., the Right to Health Bill and Anti-Mob Lynching Bills), bypoll dynamics, and the shifting power structures between the BJP and Congress. ... Read More