Court Cites Witness Safety and Influence Concerns in Denial of Bail
The Gujarat High Court on Thursday rejected a plea by self-styled godman Asaram Bapu, seeking suspension of his life sentence in connection with a 2013 rape case. Asaram had been convicted by a sessions court in January 2023 for repeatedly raping a female disciple at his ashram in Surat.
The Bench, comprising Justices Ilesh J Vora and Vimal K Vyas, concluded that no exceptional grounds were presented to justify granting interim release to Asaram while his appeal against the conviction remains pending. The court stated in its judgment dated August 29, “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 granting bail.”
Asaram had cited several reasons in his plea, including claims of a false case, a 12-year delay in filing the First Information Report (FIR), and allegations of conspiracy fueled by rivalries among devotees. However, the Court noted that these arguments could only be evaluated during the final appeal hearing, cautioning that discussing them in detail at this stage could prejudice either party.
The Court further declined to address the merits of these grounds, stating, “At the time of final hearing, the evidence has to be evaluated and weighed. If we discuss all the grounds now, it may cause prejudice either of the parties, and therefore, we confine ourselves not to discuss and examine the grounds on merits.”
The sessions court in Gandhinagar had previously convicted Asaram under several sections of the Indian Penal Code (IPC) for the sexual assault and repeated rape of the victim. Following the conviction, Asaram approached the Gujarat High Court, challenging the judgment and requesting a suspension of his life sentence.
In response, the prosecution argued against suspending Asaram’s sentence, asserting that it should not be allowed solely based on the likelihood of a delayed appeal hearing. The prosecution further highlighted concerns over the safety of witnesses, given Asaram’s significant influence and the large following of devotees associated with him.
Although Asaram’s defense team cited his advanced age and health issues to argue for leniency, the prosecution countered that the godman had previously refused treatment at AIIMS, Jodhpur, undermining health-related grounds for his release. The prosecution also raised concerns about past attacks on witnesses, which had resulted in the deaths of two individuals and serious injuries to others.
The High Court acknowledged these security concerns, ruling that they outweighed Asaram’s age and health issues. The court noted, “During 2014-2015, there had been several attacks against various witnesses and relatives of victims. While it is not our intention to imply that Asaram or his ashram was responsible, the fact remains that these incidents occurred, and lives were lost.”
Ultimately, the Court concluded that Asaram’s medical condition and his extended time in jail were insufficient to justify suspending his sentence. It emphasized that the safety of witnesses and concerns over potential influence were paramount in denying the plea.
(With inputs from agency)
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