The Supreme Court on Tuesday refused to grant immediate interim bail to self-styled godman Asaram Bapu in the 2013 Jodhpur rape case, observing that it would first hear the Rajasthan government's response before deciding on his request. While issuing notice on Asaram's Special Leave Petition (SLP) challenging the Rajasthan High Court's decision upholding his conviction, the apex court made it clear that interim relief could not be granted at this stage solely on medical grounds without hearing the State.
A bench comprising Justices MM Sundresh and Sheel Nagu said it was not inclined to release the 90-year-old convict on bail unless there was compelling evidence that his medical condition posed a serious and immediate threat to his life. During the hearing, the bench remarked that it would consider the question of interim bail after receiving the State's response. "We are not granting bail now. Subject to hearing the State, we will consider if there is grave necessity to grant bail, like if his life is in danger. But we are issuing notice in the Special Leave Petition. Three weeks to file counter," the bench observed. The court directed the Rajasthan government to file its response within three weeks.
Asaram had approached the Supreme Court seeking interim bail on medical grounds while simultaneously challenging the Rajasthan High Court's decision affirming his conviction. His counsel argued that his advanced age and health condition warranted temporary release. However, the bench maintained that the matter required consideration from both sides before any order on bail could be passed. At the same time, the court clarified that if Asaram's health were to deteriorate significantly before the next hearing, he would be at liberty to approach the court again with a fresh plea for interim bail supported by updated medical records.
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The case relates to allegations dating back to August 2013, when a minor girl, who was a devotee of Asaram, accused him of sexually assaulting her at his ashram in Manai, near Jodhpur in Rajasthan. According to the prosecution, the girl was wrongfully confined at the ashram, where she was subjected to penetrative sexual assault and criminal intimidation. The allegations triggered a high-profile criminal investigation that attracted nationwide attention and culminated in a lengthy trial. The prosecution presented witness testimonies and other evidence before the trial court, which ultimately found Asaram guilty of the charges.
Following the trial, Asaram was convicted along with two co-accused—hostel warden Sanchita Shilpi and school director Sharad Chandra. The trial court held all three guilty for their roles in the offence and imposed the prescribed punishment. Challenging the verdict, the convicts filed appeals before the Rajasthan High Court, seeking to overturn the convictions. However, the High Court upheld the trial court's findings, prompting Asaram to move the Supreme Court by filing a Special Leave Petition against the High Court's judgment while also seeking interim bail on medical grounds.
The Supreme Court's latest order means Asaram will remain in custody for now, with his request for interim bail to be examined only after the State submits its reply. The apex court's observations indicate that any relief would depend on the gravity of his medical condition and the merits of the submissions made by both parties. By keeping the door open for a fresh application in the event of a serious deterioration in his health, the court balanced the medical concerns raised by the petitioner with the need to follow due process in a case involving serious criminal convictions. The matter will now come up for further consideration after the Rajasthan government files its counter-affidavit, following which the Supreme Court will decide both the challenge to the conviction and the plea for interim bail in accordance with law.
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