Gujarat High Court Rejects Asaram's Bail Plea In 2013 Rape Case, Directs Trial Court To Complete Trial Within 4 Months

The Gujarat High Court on Friday rejected the bail application of self-proclaimed godman and rape convict Asaram Bapu in a rape case filed against him by a woman in the year 2013. 

The bail application had been moved under Section 439 of CrPC in connection with the FIR registered at the Chandkheda Police Station, District Ahmedabad for the offences punishable under Sections  376(2)(f), 377, 354, 357, 342, 346, 506(2) and 120(B) of the IPC. The trial, in this case, is currently ongoing before the Sessions Court, Gandhinagar. 

Justice A.J Desai while rejecting the bail plea however directed the concerned Sessions Court to complete the trial and deliver judgment within 4 months considering the fact that the applicant has been lodged in prison for more than 8 years. 

"Learned Sessions Judge, Gandhinagar, who is in charge of Sessions Case No.34 of 2014, is hereby directed to complete the trial and deliver judgment and order as early as possible preferably within a period of four months from the date of receipt of the present order", the Court directed.

Furthermore, the concerned parties were also ordered to cooperate for the expeditious conclusion of the trial and to ensure that unnecessary adjournment.is not sought. 

The instant bail application had been sought primarily on three grounds- (i) the applicant is behind bar since 14.10.2013, (ii) he is aged about 84 years and is suffering from various ailments and (iii) completion of the trial will take more time. A prior bail application had been filed by Asaram back in the year 2014 which had been subsequently dismissed by a High Court order dated January 5, 2015. 

Pursuant to a perusal of the rival submissions, the Court noted that 'it is pertinent to note that the applicant is facing charges for serious offences'. Furthermore, reliance was also placed on the latest medical report dated December 1, 2021 filed by the SMO, Central Jail Dispensary, Jodhpur where Asaram is currently lodged. The Court noted that the medical report stated that his condition was stable and that he is under supervision by doctors from AIIMS Jodhpur and other jail doctors. 

Justice Desai further referred to an order of the Rajasthan High Court dated May 21, 2021 wherein Asaram's plea for temporary suspension of sentences in order to pursue medical treatment had been rejected. However, the Bench of Justice Sandeep Mehta and Justice Devendra Kachhawaha of the Rajasthan High Court had directed the district and jail administration to ensure that Asaram is provided with proper treatment, a nutritious diet, and a safe environment looking to his old age and medical condition.

Accordingly, the Court held,

"In view of the latest medical certificate and the directions issued by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur, I am of the opinion that this ground may not help the applicant to get out of the jail"

The Court also refused to entertain the contention that the bail should be granted owing to the applicant's incarceration in jail for more than 8 years. It was noted that Asaram has been convicted of serious offences and accordingly the Court further remarked,

"It is true that in the present case, the applicant is behind the bar since more than eight years but, equally, it is important to note that in none of the cases relied upon by learned Senior Counsel, the applicant either is involved in another serious offence and/or convicted in some other case."

It was further observed that the plea that the completion of the trial will take an indefinite period of time cannot be accepted since the prosecution had apprised the Court that only four more witnesses are left to be examined. 

Accordingly, the bail application was dismissed.

Case Title: Asharam v. State of Gujarat 

Click Here To Read/Download Order