The Gujarat High Court has reserved its verdict on the temporary bail plea filed by Asaram Bapu, who was convicted in a 2013 rape case and sentenced to life imprisonment in 2023. Asaram Bapu sought a six-month temporary bail on medical grounds.
In January this year, the Supreme Court granted him interim bail until March 31, considering his health condition. The division bench of Justice Ilesh J Vora and Justice Sandeep N Bhatt reserved the decision after hearing arguments from both sides.
Arguments by Asaram Bapu’s Counsel
Senior advocate Shalin Mehta, representing Asaram Bapu, presented the Supreme Court's earlier order, emphasizing that the apex court granted bail purely on medical grounds without evaluating the case's merits.
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Mehta highlighted multiple hospitalizations between November 8, 2023, and January 20, 2024, referring to an AIIMS Jodhpur report. The report stated that Asaram Bapu had coronary artery disease, categorizing him as "high risk."
The advocate also cited two recent medical reports from February, which indicated that he required specialized nursing care, continuous monitoring, and regular consultations with an endocrinologist and nephrologist.
"Doctors are of the firm opinion that he needs Panchkarma therapy, which is a 90-day treatment," Mehta stated.
Mehta argued that at 86 years old, Asaram Bapu could not undergo invasive surgery. He stressed that even convicts retain fundamental rights under Article 21 of the Constitution, which ensures access to necessary medical treatment.
"Being convicted does not mean one's death should be hastened. If proper treatment can extend life, then every convict has that right," he added.
State’s Opposition to Bail Plea
The State’s counsel, Hardik Dave, asserted that the government was not insensitive to the convict's health. He pointed out that from November to January, Asaram Bapu was hospitalized for 141 days and taken for emergency treatment 15 times. The Supreme Court considered this medical history when granting interim bail until March 31.
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Dave argued that Asaram Bapu had to prove the necessity for extending his bail on medical grounds. He noted that the AIIMS Jodhpur report submitted was unsigned and that Asaram Bapu had only visited the OPD once.
"If a person is seriously ill, they would follow up with doctors regularly. However, he has not returned for follow-up consultations, which indicates there is no urgent need," Dave contended.
He also rejected the argument for Panchkarma therapy, stating:
"Need cannot be an Ayurvedic treatment that lasts indefinitely. Otherwise, every convict would demand release for such treatment. He has not even availed of the 90-day treatment during his interim bail period."
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Dave further emphasized that age alone cannot be a reason for granting bail and that Asaram Bapu is receiving all necessary treatment while in jail.
Arguments by the Complainant’s Counsel
Senior advocate BB Naik, representing the complainant, opposed the bail plea, asserting that Asaram Bapu is receiving adequate medical treatment at AIIMS Jodhpur, a reputed hospital.
He pointed to medical records indicating that his blood pressure was normal.
"If he were a serious heart patient, his blood pressure would not be stable," Naik argued.
He concluded that the prison authorities were making sufficient medical arrangements, making temporary bail unnecessary.
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Background of the Case
On January 31, 2023, a Sessions Court convicted Asaram Bapu for repeatedly raping his female disciple at his Ahmedabad-based ashram. He was sentenced to life imprisonment under multiple sections of the Indian Penal Code (IPC), including:
- Section 376 – Rape
- Section 377 – Unnatural offenses
- Section 342 – Wrongful confinement
- Section 506 – Criminal intimidation
- Section 357 – Assault or criminal force with intent to confine a person
- Section 354 – Assault or criminal force to outrage a woman’s modesty
In August last year, the Gujarat High Court had rejected his plea seeking suspension of his sentence.
The Gujarat High Court has now reserved its verdict on his temporary bail plea. The final decision will determine whether Asaram Bapu will be allowed to seek extended medical treatment outside jail or continue serving his sentence while receiving medical care within the prison system.
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Case title: ASHUMAL @ ASHARAM THAUMAL SINDHI (HARPALANI) versus STATE OF GUJARAT & ANR. CR.MA/1/2025 IN R/CR.A/607/2023
Counsel for petitioner: Senior advocate Shalin Mehta, advocate Ashish M Dagli
Counsel for State: PP Hardik Dave
Counsel for Complainant: Senior advocate BB Naik and advocate Ekant Ahuja