Gujarat High Court Delivers Spilt Verdict On Temporary Bail Sought By Asaram Bapu In Rape Case

The Gujarat High Court on Friday (March 28) gave a spilt verdict on the temporary bail plea moved by Asaram Bapu who was convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence. 

Notably, the Supreme Court had in January this year granted interim bail till March 31 to Asaram Bapu on medical grounds.

When the matter was called today, a division bench lead by Justice Ilesh J Vora said, "We have differed on this aspect. I'm in mood to allow for three months. My brother (Justice Bhatt) is dissenting...so within 10-15 minutes we will sign the order and upload it, accordingly it will be placed before the Chief Justice for referring to third judge". 

The bench also comprising Justice Sandeep N Bhatt had reserved its verdict on Tuesday after hearing the parties.

During the hearing senior advocate Shalin Mehta appearing for Asaram Bapu apprised the court of the Supreme Court's January order stating that the apex court did not consider the plea before it on merits but had found it a fit case to grant interim bail on medical ground. He pointed to the list of hospitalizations between November 8, 2023 and January 20 this year and further pointed to a report by AIIMS Jodhpur stating that there was an observation therein which said that since the patient is having coronary artery disease he belongs to "high risk category".

He thereafter submitted that the "doctors are of the firm opinion" that Asaram Bapu requires Panchkarma therapy which is a 90-day course.

He submitted that multiple assessments had been done of Asaram Bapu and the advice and reports from all the specialists had at least one common ground that it is a fatal condition.

Meanwhile the State's counsel Hardik Dave argued that it was not as if the State was insensitive about the convict's health.

Pointing to Asaram Bapu's medical visits, the counsel argued that he had visited certain doctors but he had not gone again for a follow up and that itself showed that there was no need to grant temporary bail, which he submitted had to be established. 

Meanwhile senior advocate BB Naik appearing for the complainant-victim submitted that it is not necessary for Asaram Bapu to be granted temporary bail.

He further pointed to documents and said that Asaram Bapu's blood pressure appeared to be normal.

On January 31, 2023, a sessions Court found Asaram Bapu guilty of raping his female disciple multiple times at his Ahemdabad-based Ashram and convicted and sentenced him to life imprisonment. He was convicted under IPC Sections 376(rape), 377(unnatural offences), Sections 342 (wrongful confinement), 506 (criminal intimidation) and 357(Assault or criminal force in an attempt wrongfully to confine a person) and 354 (Assault or criminal force to woman with intent to outrage her modesty).

Bapu had approached the High Court with an application seeking suspension of sentence but the same was rejected in August last year.

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

CR.MA/1/2025 IN R/CR.A/607/2023

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