The Gujarat High Court rejected the application filed by spiritual leader Asaram Bapu seeking suspension of sentence in rape case. The Bench noted that in a matter of conviction appeal, there will always be some arguable points but that by itself cannot be a ground to hold that the conviction may not be sustainable at the stage of deciding the prayer of suspension of sentence.
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Ahmedabad: The Gujarat High Court rejected an application filed by spiritual leader Asaram Bapu, also known as Ashumal Sirumalani Harpalani, seeking the suspension of his sentence in a rape case.
The Division Bench, comprising Justice Ilesh J. Vora and Justice Vimal K. Vyas, emphasized that while conviction appeals may present arguable points, these alone do not justify suspending a sentence. The Court noted that such arguments should be considered during the final hearing of the appeal, not at the stage of deciding on a suspension of sentence.
The Bench remarked,
“We do not find at this stage any patent infirmity in the order of conviction, and it cannot be said that the order is prima facie erroneous or something palpably wrong. In a matter of conviction appeal, there will always be some arguable points, but that by itself cannot be a ground to hold that the conviction may not be sustainable at the stage of deciding the prayer of suspension of sentence.”
Asaram, a well-known spiritual leader, established his first ashram in 1972 in the Motera area of Ahmedabad, eventually expanding his spiritual influence across major cities in Gujarat and India. The prosecution’s case revealed that the victim’s parents were devotees of Asaram and frequently visited his Surat Ashram.
The victim, along with her siblings, was often taken by their parents to seek blessings at the ashram. Over time, the victim became a Sevika and resided in the Motera Ashram in Ahmedabad from 1997 to 2007.
It was during this period that the victim was allegedly sexually abused and illegally confined by Asaram, with other accused individuals allegedly aiding in these activities.
However, the trial court acquitted the other accused while convicting Asaram under various sections of the Indian Penal Code (IPC), including Sections 376(2)(C), 377, 354, 342, 357, and 506(2). In response to his conviction, Asaram filed an appeal and sought a suspension of his sentence before the High Court.
In assessing the application, the High Court stated,
“We have cursorily scanned the evidence adduced before the trial Court and have perused the impugned judgment. We do not find at this stage any patent infirmity in the order of conviction, and it cannot be said that the order prima facie on face of it erroneous or something palpably wrong.”
The Court concluded that the relief of suspension of sentence could not be granted based on potential delays in the disposal of the appeal, Asaram’s age, or his medical condition.
The High Court further referenced a previous ruling by the Jodhpur High Court, which also denied Asaram’s request for sentence suspension. The Jodhpur High Court had noted concerns about law and order if Asaram were allowed to seek treatment outside of jail and observed that his medical needs were being adequately addressed by jail authorities. Additionally, the Jodhpur High Court had granted Asaram parole on medical grounds.
The Gujarat High Court emphasized that considerations of possible delays in the appeal process, medical ailments, and Asaram’s completion of 10 years in jail were not sufficient grounds for suspending his sentence. The Court underscored its duty to balance individual liberty against societal concerns, stating,
“It is the duty of the Court to properly analyze the antecedents of the accused and it should be weighed in the scale of collective cry and desire of the society, as the societal concern has to be kept in view in juxtaposition to individual liberty and societal concern deserves to be given priority over lifting the restrictions over the liberty of the accused.”
In conclusion, the Gujarat High Court rejected Asaram’s application for the suspension of his sentence, affirming the conviction and the need to prioritize societal concerns over individual liberty in this case.
Click Here to Read Previous Reports on Asaram Bapu
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