2013 Rape Case | Rajasthan High Court Grants 6-Month Interim Bail To Asaram, Cites His 'Vegetative Condition'

The Rajasthan High Court suspended sentence of Asaram–was convicted and sentenced to life imprisonment in a 2013 rape case, for six months in view of his medical condition noting that he was in a "vegetative condition" and facilities required were not available in jail 

 A Jodhpur sessions court had sentenced Asaram to life imprisonment in April 2018 for raping a minor at his ashram in 2013. The court was hearing the petitioner's plea seeking suspension of his sentence, whose appeal against conviction and sentence has been pending since 2018. 

A division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sangeeta Sharma in its order observed that the Asaram's criminal appeal against conviction is being heard on priority basis by regular Bench of the high Court.

It however noted, "but cases of 2014 are yet to be taken up and the case of the appellant is also listed for hearing.There is no likelihood of appeal being taken up for hearing soon, although time and again Hon'ble Supreme Court has directed for it to be heard finally".

It also took note of its October 14 order where the court had noticed "serious condition of the accused and allowed him to remain" at an Ayurvedic Hospital.

Taking note of Asaram's medical condition the court said:

"The petitioner, who is 86 years of age, in our opinion, deserves to be given an appropriate medical treatment. It is a right available to the convict who is suffering sentence. Although, the respondent-State has asserted that medical facilities are available in Jail, we notice that the jail authorities themselves said that the required facilities for further treatment of the accused are not available in jail. It can be seen that the accused petitioner is in a vegetative condition and while we find that the appeal has to be heard, we consider it appropriate to suspend the sentence awarded to the accused petitioner vide judgment and order dated 25.04.2018 passed by the learned Judge, Special Court, POCSO Act, 2012, Jodhpur...for a period of six months and, accordingly, it is directed that the petitioner shall be released on interim bail on medical ground for a period of six months...."

The court directed that the petitioner shall be released on interim bail provided he furnishes a personal bond of Rs.1,00,000 with two sureties ofRs.50,000  each to the satisfaction of the concerned Jail Superintendent, subject to certain conditions. 

The court directed that the  petitioner shall submit his medical report to the court on "treatment which he received" during the 6-month period and completion of six months from the date of release, the petitioner shall surrender himself before the concerned jail authorities to undergo the sentences.

It further said that the appeal shall be heard on merits expeditiously in the meantime and if for any reason the appeal is not heard within a period of six months, which should be for reasons not attributable to the accused and their counsels, "fresh application for suspension of sentence may be moved by the accused-petitioner". 

The court directed that the petitioner's appeal be listed before the regular Bench for hearing.

During the hearing the petitioner's counsel argued that the petitioner's medical condition had deteriorated and as per the liberty granted by the Supreme Court, the petitioner approached the Gujarat High Court for temporary bail. The Gujarat High Court had on March 28 extended the bail by three months. 

The Rajasthan High Court had thereafter on August 27 refused to extend the interim bail and had directed Asaram to surrender. 

Petitioner's counsel referred to Saudan Singh Vs. State of Uttar Pradesh (2023) and submitted that the appeal of the petitioner is not likely to be heard in near future with the long pendency of appeals before the Court and therefore, while suspending the sentence awarded to him, he should be released on regular bail as he has already remained in jail for more than ten years.

The bench also perused the petitioner's medical reports which reflect that he is suffering from "IHD-NSTEMI-DV with LV Systolic, EF-60% Gr I LVDD, Hypothyroidism (125), HTN (Metoprolol XL 50 +25) DM-2 (on dietary control), Anaemia- Thalassemia trait". Thereafter, he was sent to an ayurvedic hospital the medical report of which states that the petitioner has difficulty in performing day-to-day activities (sarcopenia), has recurrent gastrointestinal bleeding, loss of control over bladder and bowel (inability to control urination and bowel movements). 

While the State opposed the suspension of sentence, it was however admitted that the illness of the petitioner is not in dispute but it was argued that full medical aid and facilities are already available in Jail.

The counsel for the survivor strongly opposed the suspension of sentence application and submitted that the petitioner should not be released and his sentence should not be suspended and the appeal itself should be heard on merits.

Case title: Asharam@ Ashumal v/s State of Rajasthan

D.B. Criminal Misc. Suspension of Sentence Application (Appeal)No. 1837/2025 and D.B. Criminal Appeal (Db) No. 123/2018