Ahmedabad: The Gujarat High Court has rejected a plea filed by jailed self-styled godman Asaram in a 2013 rape case seeking suspension of sentence, stating that no exceptional ground was made out to extend the benefit of suspending the substantial sentence and grant of bail.
High Court took note of past antecedents in which two witnesses lost their lives and some of them suffered serious injuries
A division bench comprising Justice Ilesh Vora and Justice Vimal Vyas, while rejecting the plea of Asaram, took note of the past antecedents in which two witnesses have lost their lives and some of them suffered serious injuries and that the ashram activities is still going on at different places all over India and huge number of devotees, who have deep faith towards him are still associated with him.
“The aforesaid instances clearly show that, after the prosecution lodged against the applicant (Asaram) in Gandhinagar, Gujarat as well as Jodhpur, Rajasthan and the prosecution against his son at Surat, Gujarat, would be the major grounds for occurrence of the aforesaid incident, which has direct bearing on the safety, peace of the witnesses including victim and her family and society at large,” the High Court said.
“We may clarify that, it is not our intention to create an impression that the applicant and the ashram was responsible for the aforesaid incident. However, fact remains that the incidents were happened and two witnesses have lost their lives and some of them, as discussed above, suffered serious injuries. Thus, therefore, at this stage, considering the totality of the circumstances, the ground of possible delay in appeal and medical ailment, as well as 10 years completion in jail, in our view, may not be relevant in considering the prayer of suspension of bail,” the High Court added.
Duty of court to properly analyses antecedents of accused: High Court
The High Court further said that in such situation, it is duty of the court to properly analyses the antecedents of the accused and it should be weighed in scale of collective cry and desire of the society, as the societal concerned has to be kept in view in juxtaposition of individual liberty and societal concern deserve to be given priority over lifting the restrictions over the liberty of the accused.
“Thus, therefore, we do not find any exceptional ground to extend the benefit as prayed by the applicant – accused and for the reasons recorded above, no case is made out for suspending the substantial sentence and grant of bail,” the High Court said while rejecting Asaram’s plea.
Asaram is currently lodged in Rajasthan’s Jodhpur jail in another rape case
Asaram, who is currently lodged in Rajasthan’s Jodhpur jail in another rape case, was convicted and sentenced to life imprisonment in the present case by a Gandhinagar court in January 2023 on a complaint lodged by a woman living in his ashram near Gandhinagar at the time of the crime.
Asaram, being dissatisfied with the judgment and order of conviction and sentence by the Gandhinagar court, moved the Gujarat High Court challenging the trial court order along with application for suspension of sentence and to grant the bail.
Rajasthan High Court rejected Asaram’s plea for suspension of sentence in another rape case
The Rajasthan High Court in January this year rejected his plea for suspension of sentence in another rape case in Rajasthan and his appeal challenging the conviction and sentence in that case is pending before the Rajasthan High Court.
Asaram is in jail since his arrest on October 14, 2013.
