The Gujarat High Court on Tuesday, September 8, rejected the temporary bail plea of self-styled godman Asaram, who is serving a life sentence following his conviction in a 2013 rape case by a Gandhinagar court.
A Division Bench of Justice Gita Gopi and Justice LS Pirzada dismissed Asaram’s plea seeking 20-day temporary bail. He had relied on an order passed by the Rajasthan High Court last month granting him 20 days’ parole in connection with a separate rape conviction.
Senior Advocate appearing for Asaram submitted that the applicant had been arrested, charge sheeted and tried in the case registered at Gandhinagar. He also pointed out that Asaram’s appeal against his conviction in the separate Rajasthan rape case had been rejected by the Rajasthan High Court earlier this year, following which he approached the Supreme Court.
The counsel argued that the Rajasthan High Court had granted Asaram 20 days’ parole considering his advanced age and the more than 13 years he had spent in custody in the separate case. According to the counsel, the Rajasthan High Court had also rejected the grounds cited by authorities for denying parole, describing them as misleading and without basis.
Asaram subsequently applied for parole before the Gujarat authorities, but the request was rejected. His counsel therefore sought temporary bail from the High Court, clarifying that the plea was not based on medical treatment.
Clarifying that his client was already receiving court-ordered medical care, counsel argued that the application was strictly for temporary bail rather than medical relief, highlighting the contradictory position of the opposing side.
Opposing the plea, the State argued that Asaram was seeking discretionary relief solely based on another court’s order, without demonstrating any independent grounds for temporary bail.
The State further argued that if parole was being relied upon as the basis for temporary bail, Asaram was required to disclose the specific grounds on which parole had been granted. It submitted that parole was not a matter of right and that no independent circumstances had been shown warranting the exercise of discretionary powers by the High Court.
The Gujarat High Court also took note of a recent Supreme Court order concerning Asaram’s health. The Supreme Court had allowed him round-the-clock assistance from a trained caregiver of his choice and kept his plea seeking suspension of sentence pending.
The apex court had also granted Asaram liberty to approach it again if his health condition deteriorated. An AIIMS Jodhpur report obtained pursuant to the Supreme Court’s directions had stated that he did not require hospitalisation but needed round-the-clock assistance from trained caregivers.
In view of the Supreme Court’s order and the liberty already granted to Asaram, the Gujarat High Court found no ground to entertain his temporary bail application at this stage.
The Court accordingly rejected the plea, while observing that Asaram would remain at liberty to approach the Supreme Court if his health condition worsens.
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