Surat Rape Case: Gujarat High Court Seeks Report From Jail Authority On Medical Condition Of Narayan Sai Seeking Temporary Bail

The Gujarat High Court on Friday (July 17) called for a report from the jail authorities regarding the medical condition of Narayan Sai, currently serving life sentence after being convicted for rape by a Surat sessions court in 2019. 

A division bench of Justice Gita Gopi and Justice LS Pirzada was hearing Sai's plea seeking temporary bail on medical ground. 

The court in its order dictated: "Let report of medical officer of Jail Authority be called for to apprise the court of medical condition of the applicant". 

The counsel submitted that Sai was released last in September 2025 and that he was undergoing spine treatment and due to his weight he cannot be treated in the jail. He said that court may call for medical report from the jail to verify the medical condition of applicant. 

The court thereafter listed the matter on July 27. 

In May a coordinate bench had dismissed Sai's plea for suspension of sentence, prima facie noting that he was not interested in expeditious hearing of his appeal challenging conviction and had adopted delay tactics.

"It is no doubt true that, the applicant has undergone 11 years of his jail term. However, the fact remains that, since 2019 to till date, the applicant-convict has not cooperated in final hearing of the appeal. He had tried to get either temporary bail or permanent bail pending the appeal by filing numerous applications. In the year of 2021, while rejecting the bail application on merits, this Court has fixed the appeal for final hearing. However, it is on record that, the applicant-accused is never ready for hearing the appeal" the bench had said. 

The bench had observed that even during hearing of the present application for suspension, when it asked the counsel for the applicant that the court is ready to hear the main appeal on "day-to-day bais", the counsel "upon instructions has stated that, she has only instructions to argue the application for suspension of sentence and after disposal of this application" and upon disposal of the application the applicant is ready to argue the main matter.

"In such circumstances, the convict himself has created a situation for his long incarceration. In other words, the convict himself is the contributory factor for passing the time and thus, now he is not entitled to claim that, due to long incarceration and delay in hearing the appeal, he may be released on bail pending the appeal," the court added.

Sai was convicted by the Sessions Court, Surat on April 30, 2019 for offences punishable under IPC Sections 376(2)(f) (being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman), 376(k) (commits rape on a woman suffering from mental or physical disability) 376(n) (commits rape repeatedly on the same woman), 377 (Unnatural Offences), 354 (Assault or Criminal Force to Woman with Intent to Outrage Her Modesty), Section 323(Voluntarily Causing Hurt), Section 504 (Intentional Insult) and Section506(2) (Criminal Intimidation) of Indian Penal Code.

He was sentenced to rigorous imprisonment for life and has been incarcerated since December 2013.

Case title: NARAYAN @ NARAYAN SAI v/s STATE OF GUJARAT & ANR.

CR.MA/1/2026 in R/CR.A/1756/2019