Supreme Court Grants Bail To Asaram Bapu In Rape Case For Medical Treatment Till March 31

The Supreme Court today (January 7) granted interim bail till March 31 to self-styled godman Asaram Bapu, who is serving a life sentence in a rape case following conviction by a Gujarat court.The order was passed by a bench of Justices M.M. Sundresh and Rajesh Bindal, which also added a bail condition that Bapu should not meet his followers upon release from the Jodhpur jail where he is serving a sentence in another rape case. Appearing for Asaram Bapu, Senior Advocate Devadatt Kamat, along with Advocates Rajesh Gulab Inamdar and Shashwat Anand, had pressed on both the merits of the case and Asaram's medical condition. It was argued that the conviction was based solely on the testimony of the prosecutrix without corroborating evidence and pointed to inconsistencies in the prosecution's case. However, the Court had opted not to delve into the merits and confined its consideration to the petitioner's health issues, thereby disposing of the SLP. On the medical grounds, Senior Advocate Devadatt Kamat, highlighted Asaram's advanced age, a history of heart attacks, and other severe comorbidities, arguing that continued incarceration could jeopardize his life. It was urged that the Court may grant bail to allow him access to urgent medical care, outside of jail.Solicitor General Tushar Mehta, appearing for the State of Gujarat, opposed the plea, emphasising the gravity of Asaram's conviction and asserting that adequate medical facilities were available to him in custody.After weighing the submissions, the Court granted medical bail till March 31, 2025, enabling Asaram to undergo necessary treatment. The bench clarified that the relief was granted solely on humanitarian grounds and directed compliance with conditions imposed during the bail period. The Court also indicated that Asaram's medical status could be reassessed closer to the expiration of the bail term.On November 22, the bench comprising Justices Sundresh and Aravind Kumar issued notice to the Gujarat Government in a Special Leave Petition filed by Asaram Bapu for suspension of the life sentence awarded by Gujarat's Gandhinagar District.On January 31, 2023, a sessions Court found Asaram Bapu guilty of raping his female disciple multiple times at his Ahemdabad-based Ashram and convicted and sentenced him to life imprisonment. He was convicted under IPC Sections 376(rape), 377(unnatural offences), Sections 342 (wrongful confinement), 506 (criminal intimidation) and 357(Assault or criminal force in an attempt wrongfully to confine a person) and 354 (Assault or criminal force to woman with intent to outrage her modesty).Bapu had then approached the Gujarat High Court with an application seeking suspension of sentence but the same was rejected in August last year. On March 1, the Supreme Court on March 1 had dismissed Bapu's plea challenging the order of Rajasthan High Court in respect to conviction in another rape case). Following this, he approached the Rajasthan High Court which allowed him to get ayurvedic treatment at 'Arogayadham Center' at Jodhpur in police custody in March 2024. He was then granted Parole on December 18, last year, for 15 days and 2 additional days for travelling to get treatment. Case Details: ASHUMAL @ ASHARAM v. THE STATE OF GUJARAT., SLP(Crl) No. 15945/2024Click here to read order

Supreme Court Grants Bail To Asaram Bapu In Rape Case For Medical Treatment Till March 31

Gursimran Kaur Bakshi

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