Breaking | Gujarat High Court Extends Temporary Bail To Aasaram Bapu In Rape Case, Tie-Breaker Judge Finds Sufficient Medical Grounds

The Gujarat High Court on Friday (March 28) allowed three months temporary bail to Asaram Bapu who was convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence.

Justice AS Supehia– the third judge who heard Asaram's plea after a division bench earlier today delivered a split verdict, in his order said,

"Thus on an overall appreciation of the respective orders passed by the (division) bench including the view favourable to applicant and the dissenting view and in light of the order of the Supreme Court, I am of the opinion that the applicant is entitled for interim bail...It cannot be said that an 86 years old ailing person...can confine his treatment to particular therapy or particular system of medicines."

Asaram Bapu had moved a plea before the high court seeking temporary bail for six months where his counsel had argued that the doctors were of the opinion that Asaram Bapu requires Panchkarma therapy–a 90-day course. Notably, the Supreme Court had in January this year granted him interim bail till March 31 on medical grounds.

Earlier today a division bench of Justice Ilesh J Vora and Justice Sandeep N Bhatt had delivered a split verdict on Asaram's plea, wherein Justice Vora has gone on to grant temporary bail for three months; on the other hand Justice Bhatt has rejected the plea.

Justice Supehia in his order said, "State has also not said that applicant has misused liberty in these three months, and that he has been sitting idle and enjoying the three months which has been granted by the Supreme Court. Under the circumstances application is allowed by confirming view expressed by Justice Ilesh Vora. Point of difference of opinion is accordingly answered."

Justice Supehia while dictating his order noted the statements by different doctors who examined Asaram Bapu and who had referred to his history of ailments, observing that their opinions do not state that Asaram Bapu has recovered from all the ailments.

The judge took note of the order passed by Justice Vora as per which neither the medical condition of applicant or his medical treatment has been doubted by the State. 

The judge further noted that Supreme Court had granted bail for three months after examining his medical condition prevalent therein. The judge noted that it was not the case of the State that Asaram Bapu has totally recovered from the stated medical condition which he was facing when bail was granted by Supreme Court or the fact that there is no further need for him to take medical/ayurvedic treatment.

Justice Bhatt's dissenting opinion

Justice Bhatt in his order noted that Asaram Bapu was granted interim bail by Supreme Court on January 7 till March 31. During this time, he visited many Allopathic as well as Ayurvedic doctors during 28.1.2025 till 19.2.2025, but he visited those doctors only once and though advised, he has not taken any follow-up treatment from the concerned doctors.

Noting the papers pertaining to Asaram Bapu taking Panchkarma treatment, Justice Bhatt said that "it is very surprising from the case papers produced by the applicant on record that though it is claimed that Ayurvedic treatment was going on, but from these papers" it transpired that Asaram Bahpu has approached the concerned hospital for his ailment on March 1 even though he has been on interim bail since January 7.

The judge said that there was no 'need' established by Aasaram for grant of temporary bail on medical ground. 

Justice Vora's decision

Justice Vora in his decision has taken note of Asaram Bapu's age of 86 years. The judge noted that in 2024, he was admitted in AIMS, Jodhpur and was diagnosed to have Ischemic heart disease, hypertension, hypothyroidism, anemia with GI bleed. He was admitted in ICU and Medical Board Committee consisting of 8 doctors advised for coronary artery bye-pass heart surgery and he has been assessed and put as 'high risk patient'.

Taking note of his medical condition, the serious ailment, requires specialized care, continuous monitoring by nursing assistance which is not available in the jail, Justice Vora granted Asaram temporary bail for three months on the same conditions imposed by the Supreme Court, clarifying that this bail would not automatically entitle the applicant to ask for a further extension.

Case title: ASHUMAL @ ASHARAM THAUMAL SINDHI (HARPALANI) versus STATE OF GUJARAT & ANR.