The Gujarat High Court on Friday delivered a spilt verdict on a temporary bail petition filed by self-styled Godman Asaram Bapu, serving life imprisonment in a 2013 rape case.
In January 2025, the Apex Court had granted interim bail till March 31 to Asaram on medical grounds.
The matter came up for hearing today before the Division Bench of Justice Ilesh J Vora and Justice Sandeep N Bhatt.
While Justice Vora gave his assent to extending the bail for three months, Justice Bhatt dissented.
The Division Bench said the matter would now be placed before Chief Justice of India Sanjiv Khanna for referring to a third judge.
Representing Asaram, Senior Advocate Shalin Mehta argued that the order passed by the Bench of Justice MM Sundresh and Justice Rajesh Bindal in January was not on merits. The top court of the country had granted interim bail to Asaram solely on humanitarian grounds, allowing him to undergo medical treatment.
Citing the number of times Asaram was hospitalised between November 8, 2023 and January 20, 2025, Senior Advocate Mehta said the doctors were of firm opinion that Asaram required the Panchkarma therapy, a 90-day course, since his condition was critical.
He also highlighted a report issued by AIIMS Jodhpur, which said that since the patient was suffering from coronary artery disease, he belonged to the ‘high-risk category’.
Referring to multiple assessments, the Senior Counsel said the advice and reports from all the specialists had one common ground – Asaram was suffering from a fatal condition.
Advocate Hardik Dave, representing the State, argued that the State was not insensitive about the convict’s health.
Referring to Asaram’s medical visits, he said the convict had visited certain doctors but did not go for a follow-up. This itself showed that there was no need to grant temporary bail, he added.
Appearing for the complainant-victim, Senior Advocate BB Naik submitted that it was not necessary for Asaram to be granted temporary bail.
Referring to the documents, Senior Advocate Naik said that Asaram’s blood pressure appeared to be normal.
On January 31, 2023, a Sessions court in Rajasthan found Asaram guilty of raping his female disciple multiple times at his Ashram in Ahmedabad.
He was convicted and sentenced to life imprisonment for offences under Sections 376 (rape), 377 (unnatural offences), Sections 342 (wrongful confinement), 506 (criminal intimidation), 357 (Assault or criminal force in an attempt wrongfully to confine a person) and 354 (Assault or criminal force to woman with intent to outrage her modesty) of Indian Penal Code.
Asaram had earlier approached the High Court seeking suspension of sentence, which was rejected in August 2024.
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