The Gujarat High Court has extended for three months, the medical bail granted to self-styled Godman Asaram Bapu, convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence.
The order was delivered on Friday by Justice AS Supehia, the third judge hearing Asaram’s plea after the Division Bench of Justice Ilesh J Vora and Justice Sandeep N Bhatt delivered a split verdict earlier in the day.
Justice Supehia observed that on an overall appreciation of the respective orders passed by the Division Bench, including the view favourable to applicant and the dissenting view and in light of the order of the Supreme Court, he was of the opinion that the applicant was entitled for interim bail.
An 86-year-old ailing person could confine his treatment to particular therapy or particular system of medicines, he added.
Earlier in the day, the Gujarat High Court delivered a spilt verdict on a temporary bail petition filed by Asaram Bapu.
In January 2025, the Apex Court had granted interim bail till March 31 to Asaram on medical grounds.
The matter came up for hearing today before the Division Bench of Justice Ilesh J Vora and Justice Sandeep N Bhatt.
While Justice Vora gave his assent to extending the bail for three months, Justice Bhatt dissented.
The Division Bench said the matter would now be placed before Chief Justice of India Sanjiv Khanna for referring to a third judge.
Representing Asaram, Senior Advocate Shalin Mehta argued that the order passed by the Bench of Justice MM Sundresh and Justice Rajesh Bindal in January was not on merits. The top court of the country had granted interim bail to Asaram solely on humanitarian grounds, allowing him to undergo medical treatment.
Citing the number of times Asaram was hospitalised between November 8, 2023 and January 20, 2025, Senior Advocate Mehta said the doctors were of firm opinion that Asaram required the Panchkarma therapy, a 90-day course, since his condition was critical.
He also highlighted a report issued by AIIMS Jodhpur, which said that since the patient was suffering from coronary artery disease, he belonged to the ‘high-risk category’.
Referring to multiple assessments, the Senior Counsel said the advice and reports from all the specialists had one common ground – Asaram was suffering from a fatal condition.
Advocate Hardik Dave, representing the State, argued that the State was not insensitive about the convict’s health.
Referring to Asaram’s medical visits, he said the convict had visited certain doctors but did not go for a follow-up. This itself showed that there was no need to grant temporary bail, he added.
Appearing for the complainant-victim, Senior Advocate BB Naik submitted that it was not necessary for Asaram to be granted temporary bail.
Referring to the documents, Senior Advocate Naik said that Asaram’s blood pressure appeared to be normal.
On January 31, 2023, a Sessions court in Rajasthan found Asaram guilty of raping his female disciple multiple times at his Ashram in Ahmedabad.
He was convicted and sentenced to life imprisonment for offences under Sections 376 (rape), 377 (unnatural offences), Sections 342 (wrongful confinement), 506 (criminal intimidation), 357 (Assault or criminal force in an attempt wrongfully to confine a person) and 354 (Assault or criminal force to woman with intent to outrage her modesty) of Indian Penal Code.
Asaram had earlier approached the High Court seeking suspension of sentence, which was rejected in August 2024.
Earlier today a division bench of Justice Ilesh J Vora and Justice Sandeep N Bhatt had delivered a split verdict on Asaram’s plea, wherein Justice Vora has gone on to grant temporary bail for three months; on the other hand Justice Bhatt has rejected the plea.
Justice Supehia in his order said, “State has also not said that applicant has misused liberty in these three months, and that he has been sitting idle and enjoying the three months which has been granted by the Supreme Court. Under the circumstances application is allowed by confirming view expressed by Justice Ilesh Vora. Point of difference of opinion is accordingly answered.”
Justice Supehia while dictating his order noted the statements by different doctors who examined Asaram Bapu and who had referred to his history of ailments, observing that their opinions do not state that Asaram Bapu has recovered from all the ailments.
The judge took note of the order passed by Justice Vora as per which neither the medical condition of applicant or his medical treatment has been doubted by the State.
The judge further noted that Supreme Court had granted bail for three months after examining his medical condition prevalent therein. The judge noted that it was not the case of the State that Asaram Bapu has totally recovered from the stated medical condition which he was facing when bail was granted by Supreme Court or the fact that there is no further need for him to take medical/ayurvedic treatment.
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.
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.
The judge said that there was no ‘need’ established by Aasaram for grant of temporary bail on medical ground.
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’.
Taking note of his medical condition, the serious ailment, requires specialized care, continuous monitoring by nursing assistance which is not available in the jail, Justice Vora granted Asaram 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.