Supreme Court declines Asaram's bail plea, sets appeal after surrender

The Supreme Court on Wednesday refused to entertain self-styled godman Asaram's plea challenging the Gujarat High Court's decision to deny him bail in the 2013 Gandhinagar rape case so that he could visit his ailing wife. The court allowed his lawyer to withdraw the plea after noting that Asaram was already on parole in a separate rape case in Rajasthan.

The court also said it would hear Asaram's appeal against his conviction and life sentence in the Jodhpur case after he surrenders at the end of his parole. Asaram, 85, has been sentenced to life imprisonment in rape cases registered in Jodhpur and Gandhinagar.

A bench of Justices JB Pardiwala and K Vinod Chandran noted that the Rajasthan High Court had granted Asaram parole till October 26 in the case involving the rape of a minor in Jodhpur. His lawyer, Siddharth Dave, told the bench that Asaram had suffered a heart attack the previous night and had been admitted to the intensive care unit.

The Supreme Court was hearing two petitions filed by Asaram. One sought interim bail in the Gujarat case, while the other challenged the Rajasthan High Court's order upholding his conviction in the Jodhpur case.

On the appeal against the Rajasthan High Court order, the bench said it would hear the matter on a "neat question of law" after Asaram surrendered. It said it had examined the evidence and case records and found nothing in the appeal.

"Unless you are able to convince us that because of a lapse the entire conviction would have been vitiated, we will look into it," Justice Pardiwala told Dave.

Dave argued that Asaram could be convicted on other charges but not under Section 376 of the Indian Penal Code, as the charge had not been established.

The bench said: "We are informed by the counsel for the parties that the petitioner convict is on parole. He has been granted parole for 20 days. Once the period of parole is over and he surrenders, we shall hear this appeal further. His period of parole is coming to an end on October 27. Post this matter on November 17."

The bench directed the Supreme Court registry to obtain digital and physical records from the trial court. It also ordered that a set be given to Asaram, the state and the victim.

At the start of the hearing, Dave said another Supreme Court bench had earlier issued notices in the Rajasthan matter and that the appeal was being listed before the present bench for the first time.

Solicitor General Tushar Mehta, appearing for Rajasthan and Gujarat, said Asaram had been convicted in both states. He said Asaram had sought parole on health grounds before the Rajasthan High Court, but the application was rejected. Asaram then approached the Supreme Court against that decision.

Mehta said Asaram later filed another application before the Rajasthan High Court and was granted parole for 20 days. However, he could not be released because of his conviction by a Gandhinagar court in the separate rape case. He then approached the Gujarat High Court for interim bail, but the plea was rejected.

Mehta said the Rajasthan High Court had directed the state authorities to implement its parole order. Asaram again approached that court seeking contempt proceedings, following which he was released.

"In the meanwhile, as a backup strategy, he approached the Gujarat High Court on the ground of his wife's ill health, which was rejected Now, he's out on parole for 20 days," Mehta said.

The victim's lawyer said another Supreme Court bench had earlier sought a report from AIIMS on Asaram's medical condition when he sought interim bail on health grounds in the Rajasthan case. The report indicated that he had age-related health problems, and the court allowed him to approach it again only if his condition worsened.

In the Gujarat case, a Gandhinagar court sentenced Asaram to life imprisonment in 2023 for repeatedly raping a disciple at his Ahmedabad-based ashram between 2001 and 2006. The first information report was filed in 2013, and his appeal against the conviction and sentence is pending before the Gujarat High Court.

In the Rajasthan case, the high court on May 27 upheld Asaram's conviction for raping a minor and his life sentence. It, however, acquitted him of gang rape charges under Section 376(D) of the IPC and Sections 5(G) and 6 of the Protection of Children from Sexual Offences Act. It also discharged him under Section 120(B) of the IPC, which deals with criminal conspiracy.

A trial court had convicted Asaram on April 25, 2018, of sexually assaulting a minor student at his ashram. He was sentenced to life imprisonment under provisions of the IPC, the POCSO Act and the Juvenile Justice Act.

The Supreme Court has now allowed Asaram to withdraw his interim bail plea in the Gujarat case and will take up his appeal in the Rajasthan case on November 17 after his parole ends and he surrenders.

- Ends