'Can't Shut Our Eyes' To Fact That Asaram Bapu Is Rape Convict, No Need Shown For Temporary Bail: Justice Sandeep Bhatt In Split Verdict

In a split verdict given by the Gujarat High Court on Friday on Asaram Bapu's temporary bail plea, Justice Sandeep Bhatt in his dissenting opinion said that it seemed that Asaram was only interested in extending the interim bail granted by Supreme Court earlier this year on medical grounds, without "properly utilizing the time period". 

Justice Bhatt further said that though the court is aware that the applicant is 86-years-old, he however observed, "but we cannot shut our eyes from the fact that the applicant is a convict of the charge under Section 376 of the Indian Penal Code and is undergoing sentence of life imprisonment". 

Asaram Bapu was convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence. He had moved a plea before the high court seeking temporary bail for six months where his counsel had argued that the doctors were of the opinion that Asaram Bapu requires Panchkarma therapy–a 90-day course. Notably, the Supreme Court had in January this year granted him interim bail till March 31 on medical grounds.

On Friday (March 28) a division bench of Justice Ilesh J Vora and Justice Sandeep N Bhatt, who reserved its verdict on Tuesday, delivered a split verdict wherein Justice Vora has gone on to grant temporary bail for three months; on the other hand Justice Bhatt has rejected the plea. 

Justice Bhatt's dissenting opinion

Justice Bhatt in his order noted that Asaram Bapu was granted interim bail by Supreme Court on January 7 till March 31. During this time, he visited many Allopathic as well as Ayurvedic doctors during 28.1.2025 till 19.2.2025, but he visited those doctors only once and though advised, he has not taken any follow-up treatment from the concerned doctors. 

The judge thereafter said, "The Hon'ble Apex Court, while considering the order passed by this Court in the application for suspension of sentence, thought it fit to only grant temporary bail on medical ground. It transpires from the record that applicant has not availed any allopathic treatment, though opinions are sought from the doctors. It seems that the applicant is trying to continue with bail granted for temporary period without any justifiable cause".

Noting the papers pertaining to Asaram Bapu taking Panchkarma treatment, Justice Bhatt said that "it is very surprising from the case papers produced by the applicant on record that though it is claimed that Ayurvedic treatment was going on, but from these papers" it transpired that Asaram Bahpu has approached the concerned hospital for his ailment on March 1 even though he has been on interim bail since January 7. 

Noting that there was no 'need' established by Aasaram for grant of temporary bail on medical ground, Justice Bhatt said,

"Therefore, if we travel through the OPD case papers, as above, on which the applicant is heavily relied upon, I do not see any 'need' or valid reason for granting/extending temporary bail to the applicant on the so-called medical ground. Hence, I do not incline to grant this application. It seems that the applicant is only interested to extend the period of liberty granted for temporary period without properly utilizing the time period granted by the Hon'ble Apex Court". 

Thus differing from Justice Vora's decision, Justice Bhatt further formulated the point on difference of opinion which states:

"Whether a period of temporary bail granted to the applicant by the Hon'ble Apex Court from 07.01.2025 to 31.03.2025 is properly utilised by the applicant and accordingly, has he shown any real medical need which requires consideration of temporary bail for further 60 days, that too for ayurvedic treatment?". 

Justice Vora's decision 

Justice Vora in his decision has taken note of Asaram Bapu's age of 86 years. The judge noted that in 2024, he was admitted in AIMS, Jodhpur and was diagnosed to have Ischemic heart disease, hypertension, hypothyroidism, anemia with GI bleed. He was admitted in ICU and Medical Board Committee consisting of 8 doctors advised for coronary artery bye-pass heart surgery and he has been assessed and put as 'high risk patient'.

Thereafter, Justice Vora in his order noted, that Asaram Bapu was referred over 15 times at various hospitals including Ayurvedic Hospitals and stayed as indoor patient; and till date, he is taking treatment and is on medications and the plan of naturopathy treatment is still not completed. The medical reports attached have been crosschecked by the State and their authenticity have not been doubted by the State, Justice Vora noted. 

"In such circumstances, at this stage, we satisfied that, the applicant being a high risk patient and having regard to the serious ailment, requires specialized care, continuous monitoring by nursing assistance, dietary supervision and multi disciplinary treatment, which does not available in the prison...In these context, we may profitably refer on this aspect the observation made by Delhi High Court in the case of Vijay Agrawal Vs. Directorate of Enforcement....the Single Judge of Delhi High Court observed that, howsoever, serious offence may be, the health condition of a human being is paramount...Every person has a right to get himself adequately and effectively medically treated, as Article 21 of the Constitution of India says that, right to live a healthy life is also one of the facets of fundamental rights," Justice Vora said.

Justice Vora thereafter granted temporary bail for three months on the same conditions imposed by the Supreme Court, clarifying that this bail would not automatically entitle the applicant to ask for a further extension.

The matter will now be placed before the Chief Justice who will assign the case to a third judge.

Case title: ASHUMAL @ ASHARAM THAUMAL SINDHI (HARPALANI) versus STATE OF GUJARAT & ANR. 

Citation: 2025 LiveLaw (Guj) 49