Father Asaram Bapu Admitted In Jodhpur Hospital, Condition Not Stable: Son Narayan Sai To Gujarat High Court In Temporary Bail Plea

Narayan Sai– convicted by a sessions court in a rape case, urged the Gujarat High Court on Thursday (October 3) to grant him temporary bail in order to meet his father Asaram Bapu, stating that the latter has been admitted in a Jodhpur hospital and his "condition is not stable".  

After hearing the matter for some time, the court permitted the counsel for the petitioner–Narayan Sai, a week's time to place on record Asaram Bapu's discharge papers. 

A division bench of Justice Ilesh J Vora and Justice SV Pinto were hearing Narayan Sai's plea seeking temporary bail for 30 days. Sai was convicted by a Sessions Court in Surat for rape and was sentenced to life imprisonment. 

During the hearing Sai's counsel submitted, "Today my lord may consider its been 11 years his condition is not stable Suppose anything happens...I'm only requesting that give me only a few days to meet him 2-3 days with police escort. 11 years is a long period and I have not been granted parole or furlough or temporary bail since the past 4 years. In my 10-11 years of incarceration 4 times this Hon'ble court released me on temporary bail. On none of the occasions any eventuality occurred to deny me temporary bail".

He further submitted, "I'm not saying that allow me to meet me at some conspicuous place, its in the hospital or in the jail or where ever the Hon'ble court directs...Im not going to run away, I undertake before the Hon'ble court that there will be no security issues, nobody will accompany me, there will be no procession, no Sabha, nothing".

At this stage the court orally said, "But this is not in your hand. If person who actually, not Im saying that…This is difficult for the law and order situation".

The counsel however submitted that the on four occasions Sai was enlarged, no eventuality occurred and there was no report of any procession or any kind of untoward incident to deny the petitioner temporary bail for four days. 

On the court's query the counsel said that an earlier temporary bail plea, moved to enable the petitioner to see his ailing mother, was rejected after noting that his sister was present to take care of the mother. 

"So, it was pointed out that my sister is there to look after. Fine. I accept. No untoward incident. Today the situation is entirely different, anything can happen," the counsel said. 

The court thereafter orally asked "Today, your father is in the hospital, then you want to meet or rather you want to continue with the whatever treatment going on there ultimately" adding that "meeting" and taking "care of health is ultimately different". 

The counsel said that Asaram Bapu's treatment is going on, requesting the court to direct that once he(Asaram) is "admitted back in jail", the petitioner may be allowed to meet him. 

The court thereafter orally asked the counsel to "wait for sometime", noting that today the father is in the care of the concerned doctor and entire thing depends on the father's condition. On the court's query, the counsel informed that the private ayurvedic hospital where Asaram Bapu is admitted is located in Jodhpur. 

The petitioner's counsel thereafter said, "And I assure your Lordships I file a undertaking that there would be no untoward incident and this hon'ble court can always deny me or I can be taken back. Kindly see the order passed by the Jodhpur court wherein also the police of Maharashtra has informed that they have no objection, there was no untoward incident in the treatment, so they have no objection if the surrender is further extended. Therefore, the court of Jodhpur further granted the extension to my father. Today, the situation is very very fragile. My father's condition is not proper". The court thereafter asked the counsel to provide the date on which Asaram would come back to jail. 

When the matter was listed post lunch, the court was informed that as per the doctor in charge, Asaram Bapu timing of discharge cannot be predicted yet. The court thereafter orally asked if there was a video facility available for interaction.  Meanwhile the petitioner's counsel said, "May I make one suggestion. Let him undergo treatment the moment he is able to again surrender then my lords may say if it appeals to the court that for two days during jail hours he may be allowed to see".

To this the court said, "We will see that. Today we will simply adjourn for a week". It thereafter in its order dictated, "The father of the applicant is presently taking treatment in private ayurvedic hospital. Learned counsel prays for a week to place on record the papers of discharge". 

To the court's oral suggestion about interaction between father and son, the counsel said, "At present he is in treatment. We will explore. Definitely we will tell your lordships". 

Case title: NARAYAN SAI v/s STATE OF GUJARAT