The Gujarat High Court on Tuesday rejected self-styled godman Asaram's plea for 20 days' temporary bail in a 2013 rape case, effectively preventing his release despite the Rajasthan High Court having granted him parole in a separate case. A division bench of Justices Gita Gopi and L S Pirzada declined to treat the Rajasthan order as sufficient ground for granting similar relief in Gujarat, where Asaram is serving a life sentence following his conviction by a Gandhinagar court.
Asaram's counsel argued that the Rajasthan High Court had granted him 20-day parole after considering his age and more than 13 years spent in incarceration. The defence contended that denying temporary bail in the Gujarat case would render the Rajasthan parole order ineffective. The Gujarat government opposed the application, arguing that Asaram had failed to establish an independent ground warranting the exercise of the High Court's discretionary powers.
Court points to Supreme Court relief
The bench also took note of proceedings before the Supreme Court concerning Asaram's health. An AIIMS Jodhpur assessment had concluded that he did not require hospitalisation but needed round-the-clock assistance from trained caregivers. The Supreme Court had permitted him to use the services of a trained caregiver of his choice and allowed him to approach the apex court again if his medical condition deteriorated.
The Gujarat High Court said that since the Supreme Court had already preserved Asaram's liberty to seek relief if his health worsened, there was no reason at this stage to entertain his temporary bail application. The plea was consequently dismissed, leaving him without the temporary release he had sought on the strength of the Rajasthan High Court's parole order.