In a recent legal development, the Jodhpur bench of the Rajasthan High Court has dismissed a petition filed by Asaram Bapu, the self-styled godman, challenging the rejection of his application for parole by the District Parole Advisory Committee (DPAC) of Jodhpur. Asaram Bapu, who has been serving a life sentence in Central Jail, Jodhpur, since 2013 for two separate cases of rape, faced a setback in his attempt to secure temporary release from prison.

The division bench comprising Acting Chief Justice Manindra Mohan Shrivastava and Justice Rajendra Prakash Soni rendered the decision, emphasizing various legal considerations that shaped their ruling. Central to the court's decision was the application of the new Parole Rules of 2021 in Rajasthan, which played a pivotal role in determining the eligibility of Asaram Bapu for parole.

As per the court's findings, the new Parole Rules of 2021 in Rajasthan stipulate that prisoners convicted by a court outside the state are ineligible to seek parole. This statutory provision served as a significant obstacle for Asaram Bapu, whose convictions in both the Jodhpur and Gujarat cases fell under this criterion. Additionally, the court highlighted adverse police reports that underscored concerns regarding the potential impact of Asaram Bapu's release on law and order.

The court meticulously evaluated Asaram Bapu's arguments, including his claim of having completed more than half of his sentences, thereby making him eligible for parole. However, the bench ruled that such assertions did not outweigh the statutory provisions and adverse police reports that formed the basis for rejecting his parole application.

Crucially, the court addressed Asaram Bapu's contention that his parole application should have been considered under the old Parole Rules of 1958, rather than the new Parole Rules of 2021. While acknowledging that his application in connection with the Jodhpur case was indeed assessed under the old rules due to the timing of his conviction, the court clarified that his application related to the Gujarat case fell squarely under the purview of the new rules.

Furthermore, the court deliberated on the calculation of the sentence duration, noting that under the new Parole Rules, a life sentence is to be reckoned as 20 years. This clarification underscored the legal framework within which Asaram Bapu's parole eligibility was evaluated.

Despite Asaram Bapu's submission regarding his age and illness, the court emphasized the obligation of jail authorities to provide necessary medical facilities and treatment.

Case: Asha Ram v State Of Rajasthan,

D.B. Criminal Parole Writ Petition No. 1454/2023.