The Rajasthan High Court has granted 20 days' regular parole to self-styled godman Asaram, who is serving a life sentence in a 2013 minor sexual assault case, holding that the State had failed to justify its decision to reject his parole application. A Division Bench comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit took note of Asaram's long period of incarceration and his conduct during earlier spells of interim release while granting the relief.
Court cites jail record
The Bench observed that the 85-year-old, lodged in Jodhpur Central Jail, has completed 13 years, one month and 24 days in prison. It also noted that he had been granted interim bail on multiple occasions in the past and there was no allegation that he had violated bail conditions, attempted to flee, influenced witnesses or caused any law and order issues during those periods. In its order passed on Monday, the Court allowed Asaram's first regular parole and directed his release for 20 days upon furnishing a personal bond of Rs 50,000 along with two solvent sureties of Rs 25,000 each.
State opposed release
During the hearing, the State government informed the Court that Asaram's parole request had earlier been rejected by a committee headed by the Jodhpur District Collector and District Magistrate. The police opposed his release, arguing that there was a possibility he could abscond if granted parole. The State also relied on Rule 14(A) of the Rajasthan Prisoners Release on Parole Rules, 1958, submitting that criminal proceedings against Asaram were pending outside Rajasthan and that he had already been convicted in another case by a court in Gandhinagar, Gujarat.
The government further argued that Asaram was undergoing medical treatment and had not been certified medically fit for parole by the competent medical authority. It also contended that his release could pose a security risk to the victim's family.
Court rejects apprehensions
The High Court, however, held that the concerns expressed by the State and the police were speculative and unsupported by any concrete material. The Bench also clarified that Asaram's eligibility for parole in relation to the sentence imposed by the Rajasthan court would be governed exclusively by the Rajasthan Prisoners Release on Parole Rules. It observed that pending criminal proceedings or convictions in other states would continue to be governed by the respective laws applicable there and could not, by themselves, be grounds to deny parole in the present case.
Conviction upheld earlier
On May 27 this year, the Rajasthan High Court had upheld Asaram's conviction and life sentence in the case involving the sexual assault of a minor girl.
Supreme Court hearing pending
Meanwhile, the Supreme Court on Tuesday heard Asaram's plea seeking interim bail on medical grounds. During the proceedings, the apex court was informed that a panel of experts from AIIMS had concluded that Asaram did not require hospitalisation but needed round-the-clock medical care. A Bench of Justices M M Sundresh and P B Varale has scheduled the matter for further hearing on August 6.