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regular-article-logo Thursday, 09 January 2025

Asaram gets bail, release iffy: Relief for rape convict, not young activists flung in jail

The apex court set several conditions. Asaram cannot meet his followers in a group and three police officers must be present 'in the vicinity of the petitioner'

Our Bureau Published 08.01.25, 06:00 AM
Asaram.

Asaram. File image

Asaram Bapu, the 86-year-old, self-styled spiritual leader serving a life term for raping a woman in Gujarat, on Tuesday received interim bail from the Supreme Court till March 31 on medical grounds, with multiple conditions attached.

It’s not clear whether he can come out immediately as he is serving another life term for raping a minor in Jodhpur district of Rajasthan.

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The bail granted by the bench of Justice M.M. Sundresh and Justice Rajesh Bindal relates to the life sentence imposed by a sessions court in Gandhinagar. Unless Asaram receives bail in the Rajasthan case too, he is unlikely to step out of jail immediately.

The apex court set several conditions. Asaram cannot meet his followers in a group and three police officers must be present “in the vicinity of the petitioner”.

The officers will, however, “not interfere with the petitioner’s medical treatment, his meeting with any individual and in a normal or lawful conduct”.

Asaram was convicted in the Gujarat case in August 2023, and in the Rajasthan case in 2018.

Tuesday’s interim bail came in the face of opposition from the Gujarat government, represented by solicitor-general Tushar Mehta. He argued that Asaram had declined medical aid within the jail and that his release could pose problems.

Mehta also told the bench that some of the witnesses in the case had been killed, and if the court granted bail, Asaram should not be allowed to meet his followers.

Senior advocate Devadatta Kamat, appearing for Asaram, underlined that the convict was in the “twilight” of his life, had suffered multiple heart attacks, suffered from 99 per cent artery blockage, and had already spent 11 years in jail.

He argued that even a convict was entitled to medical treatment of his choice and hospital.

When Kamat claimed that Asaram had been convicted in Gujarat solely on the testimony of the alleged victim, which he said had several inconsistencies, the bench declined to go into merits and said it would grant interim bail solely on medical grounds.

“…The petitioner is stated to be around 86 years of age, suffering from age-related ailments and has suffered two heart attacks which are not in dispute. He has been taken in and out of the prison repeatedly on more than 13 different occasions for medical treatment,” the court order said.

“...Even the high court had granted parole after taking into consideration the medical condition of the petitioner. The affidavit filed by the state would also establish that treatment has been given to the petitioner for heart ailment.”

The court cited Mehta’s argument that treatment could be provided in jail, and noted that “the petitioner was reluctant” to accept this.

“…We have no hesitation in holding that the petitioner does require interim bail on medical grounds. The appeal is also for the year 2023. There is also some suggestion of lifestyle changes,” the apex court said.

“We have also taken note of the medical records pertaining to the petitioner and the fact that he was given periodical treatment outside the prison. Hence, we deem it fit to grant bail to the petitioner on medical ground till 31st March, 2025.”

The apex court said its observations would have no bearing on any future proceedings, including the criminal appeal pending before the high court.

“Liberty is also given to the petitioner to approach the high court for any further need on this ground,” it said.

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