Rajasthan HC Asks Public Prosecutor To File Reply Within 2 Weeks In Asaram Bapu's Third Application For Suspension Of Sentences In Minor Rape Case

The division bench of Rajasthan High Court, Jodhpur has asked the Public Prosecutor to file reply within two weeks in Asaram's third application for suspension of sentences in minor rape case.

Justice Sandeep Mehta and Justice Vinit Kumar Mathur, ordered,

"Learned Public Prosecutor prays for and is granted time to file reply to this third application for suspension of sentences."

Earlier, on 21st May 2021, a Bench of Justice Sandeep Mehta and Justice Devendra Kachhawaha of 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 at his old age and medical condition.

The Court had refused to grant him temporary relief of suspension of his sentence as sought by him through an application, 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 had 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 had 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.

Thereafter, on 31.08.2021, the Supreme Court also refused to entertain an application filed by religious leader Asaram Bapu seeking temporary suspension of sentence to pursue medical treatment.

The matter was heard by the bench of Justices Indira Banerjee, V Ramasubramanian and Bela M Trivedi.

Expressing unwillingness to entertain the plea, Justice Indira Banerjee orally remarked,

"Sorry in this sort of a situation, taking an overall view, It's not an ordinary crime at all. You'll get all your ayurvedic treatment in jail. Mr Singh is assuring us that he'll get the treatment. Continuing ayurvedic treatment is not a problem. We'll direct the jail authorities to take care that ayurvedic treatment is granted."

The court has listed the matter after two week.

The counsels for the petitioner include Mr. Devdutt Kamat, Senior Advocate, assisted by Mr. Rajesh Inamdar and Mr. R.S. Saluja. The counsels for the respondent include Mr. R.R. Chhaparwal, P.P. Mr. Anil Joshi, GA-cum-AAG.

Case Title: Asharam @ Ashumal v. State Of Rajasthan

Click Here To Read/Download Order