The court noted his age-related health issues, including a heart condition. The Supreme Court had earlier sought the Gujarat government’s response regarding Asaram’s plea for suspension of his life sentence, which was imposed by a Gandhinagar court in 2023.
NEW DELHI: On January 7, the Supreme Court granted interim bail to jailed self-proclaimed godman Asaram in a 2013 rape case on medical grounds, until March 31.
A bench comprising Justices M M Sundresh and Rajesh Bindal ordered Asaram, 86, to refrain from meeting his followers upon release.
The court noted his age-related health issues, including a heart condition. The Supreme Court had earlier sought the Gujarat government’s response regarding Asaram’s plea for suspension of his life sentence, which was imposed by a Gandhinagar court in 2023.
The court stated it would only consider the matter based on medical grounds. On August 29, 2024, the Gujarat High Court had denied his plea for suspension. Asaram was convicted in January 2023 for the 2013 rape case, filed by a woman who lived in his ashram near Gandhinagar. He is currently incarcerated in a Jodhpur prison in a separate rape case.
Senior Advocate Devadatt Kamat, representing Asaram Bapu, along with Advocates Rajesh Gulab Inamdar and Shashwat Anand, argued on both the merits of the case and Asaram’s medical condition. They contended that the conviction was based solely on the testimony of the victim without corroborative evidence and pointed out inconsistencies in the prosecution’s case. However, the Court chose not to address the merits and focused on the petitioner’s health concerns, ultimately disposing of the Special Leave Petition (SLP).
Regarding medical grounds, Kamat highlighted Asaram’s advanced age, history of heart attacks, and other serious comorbidities, stressing that continued imprisonment could endanger his life. He requested bail to facilitate access to urgent medical treatment outside of prison.
Solicitor General Tushar Mehta, representing the State of Gujarat, opposed the plea, emphasizing the seriousness of Asaram’s conviction and asserting that adequate medical facilities were available to him in custody.
After considering the arguments, the Court granted medical bail until March 31, 2025, allowing Asaram to receive necessary treatment. The bench clarified that the bail was granted purely on humanitarian grounds and imposed conditions for the duration of the bail period. The Court also indicated that Asaram’s medical status could be reassessed closer to the end of the bail term.
On November 22, the bench, consisting of Justices Sundresh and Aravind Kumar, issued notice to the Gujarat Government in a Special Leave Petition filed by Asaram Bapu, seeking suspension of the life sentence imposed by Gujarat’s Gandhinagar District Court.
BRIEF FACTS
On January 31, 2023, a sessions court convicted Asaram Bapu of raping his female disciple multiple times at his Ahmedabad-based Ashram, sentencing him to life imprisonment. He was found guilty under various sections of the Indian Penal Code, including Section 376 (rape), Section 377 (unnatural offenses), Section 342 (wrongful confinement), Section 506 (criminal intimidation), Section 357 (assault or criminal force with intent to wrongfully confine), and Section 354 (assault or criminal force against a woman with intent to outrage her modesty).
In August, the High Court rejected Asaram’s plea for interim release, citing no exceptional grounds for suspending his sentence while the appeal remains unresolved.
Consequently, Asaram approached the Supreme Court.
Filed through advocates Rajesh Inamdar and Shashwat Anand, Asaram’s petition claims his conviction is based solely on the complainant’s uncorroborated testimony and lacks medical or independent evidence. He alleges being falsely implicated to damage his reputation and remove him from his Ashram.
Case Title:ASHUMAL @ ASHARAM v. THE STATE OF GUJARAT., SLP(Crl) No. 15945/2024
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