Gujarat High Court Grants 6-Month Suspension Of Sentence To Asaram In 2013 Rape Case

The Gujarat High Court on Thursday (November 6) granted six-month suspension of sentence to Asaram who is convicted in a 2013 rape case by a sessions court in Gandhinagar and is serving a life sentence.

The high court suspended the sentence and directed that Asaram be released on interim bail on medical grounds, after noting that last month the Rajasthan High Court had suspended Asaram's sentence in view of his medical condition. 

Earlier the high court had asked the State to respond on Asaram's medical condition. Asaram's counsel had earlier told the high court that a separate bail plea moved by the applicant in another rape case was going to be heard by the Rajasthan High Court on October 29. 

Notably the Rajasthan High Court had last month, granted Asaram six month suspension of sentence and released him on interim bail in view of his medical condition noting that he was in a "vegetative condition" and facilities required were not available in jail. For context, a Jodhpur sessions court had sentenced Asaram to life imprisonment in April 2018 for raping a minor at his ashram in 2013. 

A division bench of Justice Ilesh J Vora and Justice RT Vachhani orally said, "granted on the same line...we will mould it accordingly...6 months time". 

The high court was hearing Asaram's plea for regular bail and suspension of sentence on the ground of his medical condition

In the order which was uploaded on Friday (November 7), the bench took note of the applicant's medical certificate submitted before the Rajasthan High Court which stated that Asaram is a high risk patient and in view of subsequent development of his medical condition, the jail authority at Jodhpur had conceded that required facilities for further treatment were not available in the jail.

The bench thus said:

"For the reasons recorded and considering the order passed by the High Court of Rajasthan, Jodhpur, which has considered the medical condition of the applicant and granted six months temporary bail, we do not wish to take view other than what has been taken by the High Court of Rajasthan, Jodhpur, and therefore, having regard to the peculiar facts and circumstances of the case, we consider it appropriate to suspend the sentence awarded to the applicant vide judgment and order dated 31.1.2023 passed by the Additional Sessions Judge at Gandhinagar in Sessions Case No.34 of 2014 for a period of SIX months and accordingly, the applicant is directed to be release on interim bail on medical grounds for a period of SIX months..."

Asaram's release is subject to him furnishing a personal bond of Rs.1,00,000 with one surety of the like amount to the satisfaction of the concerned Jail Authority at Jodhpur. 

The other conditions imposed on him are:

(i) he shall not meet his followers in group and there shall be three security personnel in the form of police officials to be present in the vicinity of the applicant 

(ii) The applicant shall cooperate in final hearing of the appeal and shall produce his medical reports to this Court regarding the treatment, which he will receive during the period of 6 months.

The court also clarified that on completion of six months from the date of the release, applicant has the liberty to file a fresh petition which same shall be decided on its own merits. The court thus partly allowed the plea and disposed it of. 

During the hearing, Senior advocate Devadatt Kamat submitted that the Rajasthan High Court had suspended the sentence for 6 months and placed the high court's order before the bench. 

"My only request is Lordship may consider his medical condition, age,...may consider suspension of sentence. Whenever the appeal is listed we will argue it...We are not trying to delay," Kamat said. 

On Asaram's medical condition State's counsel said that if the facilities are not available in the jail at Rajasthan, the applicant can be shifted to a jail in Gujarat and those facilities can be provided to him.  

Counsel for the victim, senior advocate BB Naik submitted, "unless he takes treatment at a particular hospital at a long time...last time I have said that he wants to tour India. This is noted by Rajasthan High Court also in August 27 order...Today he is taking treatment...certificates produced does not say that he is critical. No need to grant temporary bail".

Previously the Rajasthan High Court had rejected the temporary bail application of Asaram based on medical report and had directed the applicant to surrender by August 30.

Case title: ASHUMAL @ ASHARAM v/s STATE OF GUJARAT & ANR.

CR.MA/4/2025 (FOR REGULAR BAIL) 

Citation : 2025 LiveLaw (Guj) 183