Surat Rape Case: Gujarat High Court Grants Narayan Sai Temporary Bail To Meet Father Asaram On 'Humanitarian Ground'

The Gujarat High Court has granted five days temporary bail to Narayan Sai–convicted and sentenced to life in a rape case– to meet his father Asaram on 'humanitarian grounds', after considering Asaram's medical condition and the fact that the father and son had not been able to meet personally. Notably, Asaram, who has been convicted in a separate rape case in Rajasthan and is serving life imprisonment, is presently also on temporary bail. A division bench of Justice Ilesh J Vora and Justice PM Raval in its June 20 order observed:"Having regard to the peculiar facts and circumstances and grounds urged in the application as well as in the form of submissions and the fact that applicant – convict is in jail since 2013 and on earlier occasion, when he was released on temporary bail with police surveillance, no any untoward incident reported, thus, therefore, on humanitarian ground, considering the medical condition of the father of the convict, who is also convicted by the Gandhinagar and Jodhpur Sessions Court, for the offence of rape and presently, serving his sentence for life and since the arrest of the applicant-convict and his father, there was no occasion for both to meet personally because of their different jail, we (are) inclined to exercise our judicial discretion releasing the applicant –convict on temporary bail for a period of 5 (five) days from the date of his release, with Police Surveillance.”The Court clarified that Sai will not be allowed to meet his followers or followers of his father in a group.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 orCriminal 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.It was alleged that in 2001, the victim then between 18-20 years attended a religious function organized at the Surat ashram, met Sai and thereafter, she joined the ashram as 'sevika' and had performed various duties. It was alleged by the victim that she was called to Sai's room where he forced her into unnatural sex and raped her.Sai's counsel submitted that he may be granted temporary bail for 15 days to meet his ailing 86-year-old father who is undergoing medical treatment as his condition is “very alarming, highly critical and extremely worrisome”. He further stated that Sai has been in custody for 11 years and with backlog of old appeals, the final hearing may take time and he had never met his father and being the only son, he be allowed to meet his father personally on temporary bail with appropriate conditions. He then argued that though, the Court had earlier allowed Sai to meet Asaram but he could not meet him due to financial constraints. The Counsel then prayed to release Sai on 'humanitarian ground'.The State's Counsel then opposed the prayer and contended Sai is convicted for a serious offence and sentenced to life imprisonment and during his term in jail he has not shown good conduct. He then argued that earlier, when Sai sought temporary bail on medical grounds for his mother, he had forged the documents and the Division Bench taking view of this matter then imposed cost of Rs.1 Lakh and directed to lodge an FIR.The Counsel then stated that Sai has misused court process and given the large following of both – Sai and Asaram, allowing him to meet his father even with police surveillance could create a law-and-order issue and possibility of him addressing a gathering cannot be ruled out which would further create a problem for the law enforcement agency.The State's Counsel then suggested that Asaram who is presently on temporary bail can meet Sai at Surat in Jail or through a video conference. The Counsel then pointed out to the rejection of Sai's furlough application by the concerned authority which was upheld by the Single Bench observing there was 'likelihood of breach of public law and order situation' if he were released.The Court after pursuing the record and hearing the matter observed Sai has been in jail since 2013 and considering no 'untoward incident' was reported during his previous release on temporary bail with police surveillance and noting Asaram's critical health condition and both being in different jails, Sai and Asaram had no occasion to meet personally since their arrests.The Court then ordered, “With these observations and directions, this application is partly allowed and disposed of accordingly. Direct service permitted. This Court has not ...

Surat Rape Case: Gujarat High Court Grants Narayan Sai Temporary Bail To Meet Father Asaram On 'Humanitarian Ground'

Lovina B Thakkar

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