Gujarat High Court Declines Narayan Sai's Furlough Plea In 2014 Surat Rape Case

The Gujarat High Court on Wednesday (April 30) dismissed the furlough plea moved by Asaram Bapu's son Narayan Sai who was convicted for rape and sentenced to life imprisonment in 2019 by a Sessions Court in Surat.

After hearing the arguments by the parties, Justice MR Mengdey said, "I'm not inclined...dismissed".

Sai had approached the high court for furlough last month wherein the high court had directed the concerned authorities to decide the Sai's furlough application as expeditiously as possible preferably within 30 days from the date of receipt of the court's order.

Sai's counsel argued today that the petitioner's furlough leave application had been rejected by the authorities on various grounds pertaining to certain incidents. He said that his application was rejcted by the authorities on the basis of surmises and conjectures. 

"I have been granted temporary bail three times. In 2015 for three weeks, 2019 for 2 days and 2020 for 14 days. There was breach of any condition, no breach of public tranquility. They have cited certain incidents in the rejection order. So many irrelevant aspects have been considered. He is undergoing life sentence. He has been in jail for 12 years in this offence...these incidents of 2015 and 2016, I have been granted furlough by this Hon'ble court. It was preferred on the ground of treatment of mother. Allegation made by authority for rejection was relevant even at that time. Jail period is 12 years. Applicant is suffering from various ailments. He has to meet his father and family members. Has not met father for last 12 years and has disconnected with the family. Kindly consider these aspects and impose any condition. So far as grounds mentioned are from 2014-15. No direct involvement," he argued. He further said that Sai is ready to abide by any condition.

With respect to certain incidents mentioned in the rejection order, the counsel said that some other persons had committed certain offences, and those were cited to reject the petitioner's plea.

Meanwhile the State's counsel referred to a 2021 order wherein the Supreme Court had set aside the two week furlough granted by the high court. 

The counsel referred to the apex court's order which read, "the Jail Superintendent has given a negative opinion based on the fact that the respondent kept a mobile phone inside the jail illegally and attempted to make contacts with the outside world. Rule 4(4) of the Rules provides for denial of furlough on grounds of disturbance to public peace and tranquillity. The order dated 8 May 2021 has adduced a number of circumstances which cumulatively indicate that the release of the respondent on furlough may lead to a violation of public peace. The order refers specifically to the threat he and his followers pose to the complainant and other persons who deposed at the trial. An attempt has been made to threaten and suborn the investigating team and the witnesses. The respondent and his father have a mass following of persons who owe loyalty to them and there is a reasonable apprehension of a disruption of public peace and tranquillity. During the trial, attempts have been made to bribe public officials. The conduct after the trial, in jail, has not been shown to be above reproach. The respondent was released earlier this year to accommodate a genuine need to attend to his mother's health at the relevant time. Based on this, we are unable to agree with the line of reasoning of the High Court". 

"Considering his consistent jail punishments and considering the well reasoned order of the authority rejecting his furlough and the very same grounds which were considered by Supreme Court while quashing the order granting furlough by this Hon'ble court, I would respectfully submit that this is not a case which the court should consider," the counsel said. 

Case title: NARAYAN@NARAYAN SAI V/S STATE OF GUJARAT & ORS

R/SCR.A/6111/2025 

Citation: 2025 LiveLaw (Guj) 63