Gujarat High Court Extends Asaram Bapu's Bail in 2013 Rape Case


Gujarat High Court Extends Asaram Bapu's Bail in 2013 Rape Case

By; Abhishek Jat, Advocate April 3, 2025

The Gujarat High Court has extended Asaram Bapu's temporary bail by three months on medical grounds in a significant ruling that highlights considerations for elderly prisoners with health concerns. Justice A.S. Supehia delivered the final verdict after a Division Bench comprising Justices Ilesh J. Vora and Sandeep N. Bhatt had earlier reached a split decision on the matter.

Case Background

Asaram, now 86 years old, was serving a life sentence under Sections 376(2)(c) and 377 of the Penal Code, 1860, having completed nearly 10 years of imprisonment. The Supreme Court had previously granted him temporary bail until March 31, 2025, on medical grounds with liberty to approach the High Court for extension if needed.

Medical Conditions Cited

The court noted Asaram's multiple health issues including:

  • Ischemic heart disease
  • Hypertension
  • Hypothyroidism
  • Anemia with GI bleed

Medical professionals had categorized him as a "high-risk patient" requiring specialized care, continuous monitoring, and multi-disciplinary treatment not available in prison.

Split Decision

In the initial hearing, Justice Ilesh J. Vora supported the bail extension based on Asaram's medical needs, while Justice Sandeep N. Bhatt dissented, observing that Asaram had not consistently pursued follow-up treatments during his bail period and had only approached an Ayurvedic Hospital on March 1, 2025, despite being granted bail on January 7, 2025.

Final Ruling

Justice A.S. Supehia, who adjudicated the case following the split verdict, determined that Asaram had established a genuine "need" for medical treatment. The court observed: "It cannot be said that an 86 years-old ailing person, who is desperate to get himself treated, can confine his treatment to a particular therapy or a particular system of medicines."

The court also noted that the State had neither disputed Asaram's medical condition nor provided evidence that he had misused his temporary freedom.

The bail extension comes with the same conditions previously imposed by the Supreme Court, including prohibitions on meeting followers in groups and requiring three police officials to remain in his vicinity without interfering with his medical treatment or lawful conduct.

[Asharam Thaumal Sindhi v. State of Gujarat, Criminal Misc. Application No. 1 of 2025 in CRA No. 607 of 2023, decided on March 28, 2025]

Comments

Popular posts from this blog

Supreme Court Clarifies Recovery of Maintenance Arrears Under CrPC: A Landmark Judgment

Supreme Court Clarifies "Readiness and Willingness" Requirement in Specific Performance Cases

Chhattisgarh High Court Acquits Husband Accused Under Sections 376, 377 & 304 IPC: A Legal Analysis Author: Abhishek Jat, Advocate