Rajasthan High Court Dismisses Asaram's Plea For Temporary Suspension Of Sentences, Jail Admin Directed To Ensure His Proper Treatment

The Rajasthan High Court on Friday (May 21) dismissed Self-styled godman & Life convict in a sexual assault case, Asaram's [or Asharam] plea for temporary suspension of sentences to pursue medical treatment.

The Bench of Justice Sandeep Mehta and Justice Devendra Kachhawaha, however, 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.

The #RajasthanHighCourt on Friday dismissed the application for temporary suspension of sentences of #AsaramBapu (life convict in sexual case). pic.twitter.com/dQmDDwUkiy

— Live Law (@LiveLawIndia) May 21, 2021

The Court refused to grant him the relief, after the perusal of the rape convict's medical report submitted by the All India Institute of Medical Sciences in Jodhpur, where he was admitted after contracting COVID-19.

Importantly, the Court said,

"Suspending the sentences awarded to the appellant, in this case, would be nothing short of an exercise in futility because immediately on his release from the Central Jail, Jodhpur, he would be required to be taken to the State of Gujarat in connection with the case pending trial as a production warrant certainly would be in force."

The Court also rejected the prayer to set up a medical facility at his Ashram in Pal Village, Jodhpur so as to provide him treatment, while noting that whenever he had been taken out from prison even for attending the dates of hearing during the trial, his followers would form huge congregations which would create law and order situations.

Asaram's plea

An application for temporary suspension of sentences had been moved by life Convict Asharam (in a sexual assault case), aged about 83 years, who is also facing trial in another case at Gujarat involving the offence under Section 376 IPC and is presently in custody in connection with the said case as well.

He got infected by COVID-19 Virus while suffering Life Imprisonment at the Central Jail, Jodhpur, and as a measure to provide treatment, he was shifted to the M.D.M. Hospital, Jodhpur, and was later on shifted to the All India Institute of Medical Sciences (AIIMS), Jodhpur.

In the intervening period, as per his medical reports, he developed internal gastrointestinal bleeding as a result whereof, his hemoglobin dropped to a critically low level, and accordingly, he was provided treatment for the said disorder including blood transfusion, etc

Court's calls for his medical report

Thereafter, the Rajasthan High Court on May 19 sought a report on the medical condition of Asaram Bapu, a life convict in a sexual assault case, who is presently undergoing treatment at AIIMS, Jodhpur.

Taking into account his medical report, the Court noted that as per the conclusion of the treating doctors at the All India Institute of Medical Sciences (AIIMS), Jodhpur, the condition of the applicant-appellant was stable and he was fit for discharge.

However, it had been advised that the appellant required further investigation and follow-up for his gastrointestinal bleeding. Thus, his counsel argued that he wished to receive Ayurveda treatment at a medical facility at his Ashram at Pal Village, Jodhpur.

It was also submitted that in case, the sentences awarded to Asharam are suspended, he and his followers are ready and willing to abide by any condition which may be imposed by the Court.

However, rejecting his prayers, the instant application for temporary suspension of sentences was dismissed by directing,

"The district and jail administration  to ensure that proper treatment is provided to the convict appellant at the suitable medial institution in light of the observations made in the medical reports/ certificates issued from the All India Institute of Medical Sciences, Jodhpur."

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