Gujarat High Court rejects Asaram Bapu plea to suspend life sentence in rape case

The Gujarat High Court on Thursday rejected a plea by self-styled Godman Asaram Bapu who had sought a suspension of his life sentence in a 2013 rape case [Ashumal @ Asharam Thaumal Sindhi (Harpalani) vs State of Gujarat]. .The Bench of Justices Ilesh J Vora with Vimal K Vyas found that there was no exceptional ground made out to allow Asaram's interim release from jail while his appeal against conviction remains pending. "We do not find any exceptional ground to extend the benefit as prayed by the applicant – accused ... no case is made out for suspending the substantial sentence and grant of bail," the August 29 judgment said. The Court also noted that Asaram's allegation that it was a false case, that there was a 12-year delay in lodging the FIR, and that he had been implicated due to some rivalry between devotees and because of conspiracy could be considered when his appeal against the conviction is heard."At the time of final hearing, the evidence has to be evaluated and weighed and at this stage; if we discuss and/or dealt with the all the grounds, it may cause prejudice either of the parties and therefore, considering the peculiar facts and circumstances of the present case, we confine ourselves not to discuss and examine the grounds on merits," the Court said..In January 2023, a sessions court in Gandhinagar had convicted Asaram Bapu under various provisions of the Indian Penal Code (IPC) for the repeated rape of a female disciple at a Surat Ashram. Asaram moved to the High Court challenging his rape conviction and the life sentence imposed on him by the trial court. He also filed an application to suspend his jail sentence.The prosecution challenged the move, arguing that Asaram's jail sentence ought not to be suspended merely on the ground that his appeal against conviction is not likely to be heard in a reasonable time.Asaram's counsel had also cited health grounds and his advanced age to urge the High Court to allow the suspension of his prison sentence.The prosecution countered that Asaram himself had earlier refused to take proper treatment from the AIMS, Jodhpur hospital and thus, the same cannot be a ground for the suspension of his sentence.It was further submitted that Asaram held a lot of influence and had a large number of devotees. Allowing his release from prison may endanger witnesses, the Court was told..The Court too agreed that this was a concern, even if Asaram may not have been responsible for injuries caused to witnesses in the past. The Court opined that such concerns outweighed Asaram's concerns about his health and advanced age. "During 2014-2015, there had been so many attacks against various witnesses and relatives of victims ... It is not our intention to create an impression that the applicant (Asaram) and the ashram was responsible for the aforesaid incident. However, fact remains that the incidents happened and two witnesses have lost their lives and some of them, as discussed above, suffered serious injuries. Thus, therefore, at this stage, considering the totality of the circumstances, the ground of possible delay in appeal and medical ailment, as well as 10 years completion in jail, in our view, may not be relevant in considering the prayer of suspension of bail," the Court ruled.."He's 85, in prison for 10 years:" Gujarat High Court to hear appeal by Asaram Bapu on priority.Senior Advocate Yogesh Lakhani and Advocate Ashish M Dagli appeared for Asaram Bapu.Senior Advocate BB Naik and Advocate Ekant Ahuja represented the victim.State Public Prosecutor RC Kodekar and Assistant Public Prosecutor LB Dabhi represented the State of Gujarat. .[Read Judgment]