Gujarat High Court Asks State To Respond On Medical Condition Of Asaram Bapu Seeking Bail In Rape Case

The Gujarat High Court on Thursday (October 16) asked the State to respond on the medical condition of Asaram Bapu who was convicted in a 2013 rape case by a sessions court in Gandhinagar and is serving a life sentence.

The high court was hearing Asaram Bapu's bail plea, and listed the same next month after it was told that the Rajasthan High Court has listed the applicant's bail plea on October 29 where it is expected to pass orders. 

During the hearing, senior advocate Devadatt Kamat appearing for Asaram Bapu submitted before a division bench of Justice Ilesh J Vora and Justice PM Raval that the Supreme Court had on January 7 granted interim bail on medical grounds till March 31. He submitted that Asaram had thereafter approached the high court in March where he was granted bail for three months. 

For context, On March 28, a division bench of the high court delivered a split verdict; thereafter a third judge who heard Asaram's plea granted him three months temporary bail. 

Thereafter on July 3, the high court had extended Asaram Bapu's temporary bail for one month, after noting a statement by his counsel that he wont seek further extension of temporary bail. The high court had then further clarified that further prayer for extension of temporary bail will not be entertained on medical grounds.

Thereafter on July 30 the Supreme Court had granted Asaram liberty to approach the high court if his condition deteriorates; in August the applicant's temporary bail was extended by the high court till August 21. The applicant had also moved a regular bail plea. 

Kamat thereafter said, "Kindly see present condition of applicant. 86 years old..."

At this stage the court orally said, "Today, presently applicant is in Ayurvedic hospital. That reference was made by jail authority. Already discretion is given to jail authority to refer any emergency case to hospital. Today at this stage there is no need for any urgent order because he is already in hospital and Jail authority has already taken care of everything. Our difficulty is that, suppose today we allow application. Again you will have to move to Jodhpur (Rajasthan High Court)".

The bench orally said that the Rajasthan High Court had rejected the temporary bail application of the applicant based on medical report. The Rajasthan High Court had directed the applicant to surrender by August 30.

Kamat however said that he had appeared in the applicant's regular bail plea before the Rajasthan High Court day before yesterday.

He said, "The court was orally inclined...And he has debilitating medical condition. He can't even pass urine and stools. He is passing it on the bed...The PP said that he wants to file a formal reply. Court was of the view that we will hear the PP and pass final orders on October 29. Orally I can say as an officer of the court, that the court was inclined. Ultimately we don't know what happens on 29th". 

The bench said that it shall keep the present matter after October 29 and that it was not disposing of the applicant's bail plea before it. 

"Once at length Jodhpur court has taken cognizance of factual aspects, and he is presently in the Jodhpur jail, it is better that contradictory order is not passed. We are not running away from passing any order...Before 29th if any emergency arise, we are here. If he is withdrawn from hospital, you press this application," the court further orally added. 

Kamat submitted that the matter be listed after October 29. He further submitted that he had made short note on medical condition and the State may respond to the same. 

The court thereafter in its order dictated:

"We have heard senior counsel Devadatt Kamat...List this matter on November 6. Learned counsel is permitted to place on record brief submission about medical condition of convict, with a request for reply from State on this aspect. Learned APP shall respond to the contention on aspect of medical condition". 

The matter is listed on November 6. 

Case title: ASHUMAL @ ASHARAM v/s STATE OF GUJARAT & ANR.

CR.MA/4/2025 (FOR REGULAR BAIL)

R/CRIMINAL APPEAL NO. 607 of 2023