'Will Pass Order': Gujarat High Court On Narayan Sai's Plea For Temporary Bail In Rape Case To Meet Ailing Mother

The Gujarat High Court on Thursday (September 18) orally indicated that it shall pass an order on a plea filed by Narayan Sai– convicted and sentenced to life by sessions court in 2019 in a rape case– seeking temporary bail to meet his "ailing" mother.

Sai's counsel argued before a division bench of Justice Ilesh Vora and Justice PM Raval that the applicant's mother was unwell adding that "she can slip into cardiac arrest at any time". He also submitted that the applicant had been earlier granted bail on this ground. 

After hearing the matter for some time the court orally said, "we are clear...2-3 days if he wants to meet the mother we will grant. For 55 days we will not grant...your foundation is frankly speaking based on seriousness of your mother". 

The court also inquired about its previous order from June and conditions imposed therein when the applicant was granted temporary bail to meet his father Asaram Bapu. 

The applicant's counsel sought that the applicant be given 25 days temporary bail. 

After hearing the matter for some time the court thereafter orally said, "We will pass the order...".

In June the high court had granted Narayan Sai 5 days temporary bail to meet his father Asaram Bapu on 'humanitarian grounds', after considering Asaram's medical condition and the fact that the father and son had not been able to meet personally.

"Having regard to the peculiar facts and circumstances and grounds urged in the application as well as in the form of submissions and the fact that applicant – convict is in jail since 2013 and on earlier occasion, when he was released on temporary bail with police surveillance, no any untoward incident reported, thus, therefore, on humanitarian ground, considering the medical condition of the father of the convict, who is also convicted by the Gandhinagar and Jodhpur Sessions Court, for the offence of rape and presently, serving his sentence for life and since the arrest of the applicant-convict and his father, there was no occasion for both to meet personally because of their different jail, we (are) inclined to exercise our judicial discretion releasing the applicant –convict on temporary bail for a period of 5 (five) days from the date of his release, with Police Surveillance," the bench had said in its June 20 order.

The high court had then clarified that Sai will not be allowed to meet his followers or followers of his father in a group.

Sai was convicted by the Sessions Court, Surat on April 30, 2019 for offences punishable under IPC Sections 376(2)(f) (being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman), 376(k) (commits rape on a woman suffering from mental or physical disability) 376(n) (commits rape repeatedly on the same woman), 377 (Unnatural Offences), 354 (Assault orCriminal Force to Woman with Intent to Outrage Her Modesty), Section 323(Voluntarily Causing Hurt), Section 504 (Intentional Insult) and Section506(2) (Criminal Intimidation) of Indian Penal Code.

He was sentenced to rigorous imprisonment for life and has been incarcerated since December 2013.

Notably the applicant's father Asaram Bapu was asked to surrender by the Rajasthan High Court by August 30 in a separate rape case. Asaram Bapu's temporary bail plea before Gujarat High Court in another rape case is listed on September 22.

Case title: NARAYAN @ NARAYAN SAI v/s STATE OF GUJARAT

CR.MA/2/2025 IN R/CR.A/1756/2019