Gujarat High Court Extends Asaram's Temporary Bail In Rape Case By 1 Month, Says No Further Extension On Medical Grounds

The Gujarat High Court on Thursday (July 3) extended for one month the temporary bail of Asaram who has been convicted in a 2013 rape case by a sessions court in Gandhinagar and is serving a life sentence. Noting statement made by Asaram's counsel that he wont seek further extension of temporary bail, the court clarified that further prayer for extension of temporary bail will not be entertained on medical grounds.The court had on June 27 extended his temporary bail till July 7. Notably, Asaram's temporary bail which was granted by the high court in March was set to expire on June 30.After hearing the parties for some time, a division bench of Justice Ilesh J Vora and Justice PM Raval in its order said: "We have given our thoughtful consideration to the submissions advanced by learned counsel for the respective parties, perused the papers and report submitted by the State. The age of the applicant – convict and the heart disease, as referred in the case papers, are not in dispute. The convict is on medication...However, it is settled legal position of law that the temporary bail and/or interim bail must be granted sparingly and in exceptional circumstances. Recently, in the case of Ashim Malik Vs. State of Odisha, the Supreme Court has observed that continued reliance on ad-hoc interim release undermines the criminal justice process and encourages the procedural delay". The court also took note of statement made by Asaram's counsel that "this is the last request for extension of temporary bail and henceforth, the convict will not seek further extension if three months' time will be extended and according to law, he will avail the appropriate remedy". The court noted that the record indicated that the applicant had been taking ayurvedic treatment at a hospital and last month he had to be hospitalized in emergency due to severe chest pain. "For the reasons aforementioned and having regard to the peculiar facts and circumstances of present case, and the statement made at the bar, we are inclined to extend the temporary bail for a further period of one month with the earlier conditions imposed by this Court vide order dated 28.03.2025 passed in Criminal Misc. Application No.1 of 2025 in Criminal Appeal No.607 of 2023. It is clarified that no any further prayer for extension of temporary bail will be entertained on medical grounds. At the request of the applicant, and having regard to the period of incarceration, the Registry is directed to notify the main criminal appeal for final hearing in the 1st week of September, 2025," the court said. Senior advocate Shalin Mehta appearing for Asaram while seeking further three month extension of temporary bail, submitted that the convict was put in category of high-risk patient and needs close monitoring/supervision, assistance for day-to-day activities and specialized diet. He said that the treatment would not be possible or feasible in jail and presently applicant's treatment is going on with at an Ayurvedic Hospital and as per suggested plan, periodical statement as inpatient is necessary. He urged that recently, due to sudden rise in the blood-pressure which was associated with severe chest pain, the convict was hospitalized emergency in another city, which suggests that "at least, three to six months' extension of temporary bail, on medical ground may be allowed". He referred to a special campaign launched by NALSA, stating that the convict falls under the "terminally ill prisoner", certified by Rajasthan Legal Service Authority.Meanwhile the State's counsel Hardik Dave contended that documents submitted by the convict regarding his medical treatment were verified and the doctors were of the opinion that the convict is on medication as prescribed by the various doctors and his clinical condition is stable. He said that as per the opinion only follow-up from the team of multi disciplinary experts in case of medical emergency, is necessary. Dave urged that the Supreme Court and this Court granted temporary bail for availing particular treatment however now the situation is under control and therefore, there is no need to extend the temporary bail. Referring to the medical case papers submitted by the convict, he submitted that at the every stage and place, there was an OPD treatment and nothing else, which suggestive of the fact that there is no such urgency, as projected by the convict. Meanwhile senior advocate BB Naik appearing for the complainant submitted that despite of age and heart ailment, the convict under the pretext of treatment, traveled across the India which shows that everything is under control and there is no evidence to suggest that there is a need of medical treatment as indoor patient.He submitted that the NALSA guidelines would not be applicable to the facts of the present case and therefore, having regard to the nature of offence, and it impact on the society, the application may not be entertained.Case title: ASHUMAL @ ASHARAM Versus STATE...

Gujarat High Court Extends Asaram's Temporary Bail In Rape Case By 1 Month, Says No Further Extension On Medical Grounds

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