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]

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