Gujarat HC Delivers Split Verdict on Asaram Bapu's Temporary Bail Plea

Gujarat HC Delivers Split Verdict on Asaram Bapu's Temporary Bail Plea

The Gujarat High Court on Friday delivered a split verdict on the temporary bail plea of Asaram Bapu, who was convicted in a 2013 rape case and sentenced to life imprisonment in 2023.

The Supreme Court had earlier granted him interim bail on medical grounds until March 31.

A division bench comprising Justice Ilesh J. Vora and Justice Sandeep N. Bhatt heard the plea, with Justice Vora inclined to grant three months of temporary bail, while Justice Bhatt dissented.

"We have differed on this aspect. I'm in the mood to allow for three months. My brother (Justice Bhatt) is dissenting...so within 10-15 minutes, we will sign the order and upload it.

Accordingly, it will be placed before the Chief Justice for referral to a third judge," Justice Vora stated.

The bench had reserved its verdict on Tuesday after hearing arguments from both sides. 

Senior advocate Shalin Mehta, representing Asaram Bapu, cited the Supreme Court's January order, which granted interim bail purely on medical grounds without delving into the merits of the case. He highlighted Asaram’s medical history, pointing to hospitalizations between November 8, 2023, and January 20, 2024, and a report from AIIMS Jodhpur classifying him as a "high-risk" coronary artery disease patient.

He further argued that multiple medical assessments recommended a 90-day Panchkarma therapy, which he claimed was essential for Asaram’s condition.

On the other hand, the State's counsel, Hardik Dave, opposed the bail plea, asserting that Asaram had access to medical treatment and had not followed up with doctors, indicating that his condition did not necessitate temporary bail.

Senior advocate BB Naik, representing the complainant-victim, also opposed the bail plea, arguing that medical reports showed Asaram's blood pressure was stable and that his release was unnecessary.

Case Brief

In January 2023, a sessions court convicted Asaram Bapu for repeatedly raping a female disciple at his Ahmedabad ashram. He was sentenced to life imprisonment under multiple sections of the Indian Penal Code, including Sections 376 (rape), 377 (unnatural offences), 342 (wrongful confinement), 506 (criminal intimidation), 357 (assault or criminal force in an attempt to confine a person), and 354 (assault or criminal force with intent to outrage modesty).

Asaram had previously sought suspension of his sentence, but the Gujarat High Court rejected his plea in August 2023.

 

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