SC grants interim bail to Asaram Bapu till March 31 on medical grounds
Asaram Bapu is undergoing life sentence in a 2013 rape case registered in Gujarat. To be out of jail, he will require a similar order in a Rajasthan case where he is undergoing life term for raping a minor girl
The Supreme Court on Tuesday granted interim bail on medical grounds to controversial self-styled godman Asaram Bapu till March 31 while imposing several conditions on him, including a bar on meeting followers in large numbers. He is undergoing life sentence in a 2013 rape case registered in Gujarat. To be out of jail, he will require a similar order in a Rajasthan case where he is undergoing life term for raping a minor girl.
“He is in his last leg,” noted a bench headed by justice MM Sundresh that agreed to consider his request for temporary suspension of sentence purely on medical grounds without going into the merits of the allegations against him.
Directing his release till March 31, 2025, the bench, also comprising justice Rajesh Bindal said, “This order is being passed subject to the conditions that the petitioner shall not tamper with evidence, shall not meet followers en masse, and will be provided an escort of three policemen.”
The Gujarat government represented by solicitor general Tushar Mehta pointed out that witnesses in this case have been killed and insisted on having armed policemen with him round the clock, pointing out that despite best efforts of the state, he has refused to get treatment for his heart ailment at the hospital.
Noting his advanced age of 86 years with 99% heart blockage and a history of suffering heart attacks, the court said, “He is on his death bed. Whatever be the nature of the crime, when it comes to the health of the convict, the burden rests on the state and the court. Let him get this facility, nobody will blame you or us.”
Senior advocate Devadatt Kamat appearing for Asaram along with advocate Rajesh Inamdar pointed out that his client’s condition is such that chances of survival are bleak. He objected to the facility of armed constables being provided to the convict apprehending that they may interfere with his choice of hospital or treatment.
The bench clarified, “The police will not interfere with the petitioner’s treatment or his meeting with individuals concerned.” However, the restriction on meeting followers was made part of the order as Mehta said that crowds may gather at the hospital that could pose a threat to his security and safety. Further, the SG argued, “He has potential, capacity and finances and it is essential that he is kept in a separate room where no followers are allowed to meet him.”
Asaram has also been convicted in a case in Rajasthan under the Protection of Children from Sexual Offences Act (POCSO) where he was convicted by a special POCSO court in 2018 for molesting minors in his ashram at Jodhpur in August 2013. In January last year, the top court refused to suspend his sentence in that case on health grounds while granting him permission to withdraw and request the high court to expedite his appeal challenging the conviction.
Kamat said that he certainly will use this order for seeking interim bail in the Rajasthan case and questioned the approach of the Gujarat government in keeping him under police vigil. He even disputed the state’s claim of having any role in eliminating witnesses, pointing out that no complaint or charge sheet has been filed in this regard. He was even willing to deposit his passport and agreed to abide by the conditions imposed by the court.
