Gujarat High Court Says It Will Modify Condition Enforcing Police Escort During Asaram's Suspended Sentence

The Gujarat High Court on Monday (December 01) orally said that it "will modify" the condition of the presence of three police officials in Asaram's vicinity, during the 6-month period wherein his life sentence has been suspended in a rape case.

For context, on November 6 the high court had 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. While releasing him, one of the condition's imposed was that "there shall be three security personnel in the form of police officials" to be present in his vicinity.

Asaram had thereafter moved an application seeking modification/deletion of this condition. The other conditions imposed on him are that he shall not meet his followers in group and that he 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.

During the hearing today a division bench of Justice Ilesh J Vora and Justice RT Vachhani orally said to the State's counsel, "Continuation of condition of not to hold gathering, not to address...that is okay. Only the condition of the personnel presence is there..."

To this State's counsel submitted that his instructions were this imposition of the condition of police escort be continued. 

The court thereafter orally said, "We have followed direction of the Supreme Court. But in case of Jodhpur (Rajasthan High Court), as such no condition is there. So only the condition...of the PSO round the clock will stand deleted". 

To this the State's counsel said, "That is my lord's discretion. Rest of the conditions, not to meet the followers etc, not to address gathering, public appearances may continue". 

At this stage Asaram's counsel submitted, "But my lords, followers who are staying in the ashram itself...." To this the court said, "Don't stretch it...we don't want to review our judgment. We are concerned with condition of presence of police escort, we will modify accordingly". 

At this stage the State's counsel said, "My lord may record my submission that we are ready to give escort at the cost of state as well, if it appeals to my lord...remaining conditions may be strictly complied with". 

Thus the court orally said that it will modify the condition for presence of police escort with the applicant, while the rest of the conditions imposed on the applicant during suspension period will continue. 

The court in its order said:

"We have carefully examined the past conduct of the applicant herein and order passed by the Jodhpur Bench of Rajasthan High Court, while releasing the convict on temporary bail. In such circumstances, we deem it fit to delete the condition of round the clock presence of the security personnel and, therefore, condition no.(i) is required to be modified to the extent of directing presence of police officials in the vicinity of the applicant stood deleted. In other words, except presence of police personnel other conditions imposed by this Court while granting temporary bail in Criminal Appeal No.4 of 2025 inCriminal Appeal No.607 of 2023 remain unaltered and required to be followed scrupulously by the convict". 

The court thus disposed of the application. 

The high court had earlier this month 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.

Case title: ASHUMAL @ ASHARAM THAUMAL SINDHI v/s STATE OF GUJARAT

CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 5 of 2025 In

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 4 of 2025 In

R/CRIMINAL APPEAL NO. 607 of 2023 

Click Here To Read/Download Order