No bail for Asaram now: SC seeks state’s reply on challenge to rape conviction

THe sublime margaret court on tues declined to count suspending the doom of self-styled godman Asaram or releasing him on bail at this stage while agreeing to examine his challenge to a Rajasthan High Court judgment upholding his conviction for sexually assaulting a minor devotee at his Jodhpur ashram in 2013.A bench of justices MM Sundresh and Sheel Nagu issued notice to the Rajasthan government on Asaram’s petition challenging the high court verdict but made it clear that no interim relief would be granted without first hearing the state and unless his medical condition demonstrated a grave threat to life.“We are not granting bail now. Subject to hearing the State, we will consider if there is grave necessity to grant bail, like his life is in danger,” observed the bench.The court also declined to suspend the sentence for the present. “We are not considering suspension of sentence. If grave urgency is there, such as danger to life, that is the only factor we will consider,” it said.While directing the state to file its response within three weeks, the bench ordered that the medical facilities presently being extended to Asaram in prison should continue. It also granted him liberty to seek urgent listing if his health condition deteriorates.Also Read: Rape survivor’s father moves SC seeking to quash bail of convict Asaram“If there is absolute necessity to preserve life, we may grant liberty and not delay. But we will hear the State. We have to do justice,” it added.Senior advocate Dama Seshadri Naidu, appearing for Asaram, urged the court to consider his advanced age and medical condition. He submitted that the self-styled godman, now over 80 years old, was suffering from multiple ailments and argued that his conviction had been influenced by a “social media trial”.“This court is our only hope,” Naidu submitted.Opposing any interim relief, the counsel appearing for the state as well as the victim pointed out that the case involved a minor victim and that Asaram had received medical treatment whenever required. The State informed the court that he had been taken to hospital earlier this month and no life-threatening condition had been found.The case originates from allegations that a minor girl, a devotee of Asaram, was wrongfully confined at an ashram in Jodhpur’s Manai area in August 2013 and subjected to sexual assault and criminal intimidation.In April 2018, a special POCSO court in Jodhpur sentenced Asaram to imprisonment for the remainder of his natural life after convicting him under multiple provisions of the Indian Penal Code, including rape, wrongful confinement and criminal intimidation, as well as offences under the Protection of Children from Sexual Offences (POCSO) Act. The conviction was later challenged before the Rajasthan High Court.In May this year, the high court largely upheld the findings against Asaram, affirming his conviction for rape and related offences. However, it concluded that the ingredients of gang rape and criminal conspiracy were not established and consequently acquitted him of those charges.The high court also extended relief to co-accused Sharad Chandra and Sanchita Shilpi, who had earlier been convicted for allegedly facilitating the offence. It held that the evidence did not support the prosecution’s case against them and acquitted them of the charges.Aggrieved by the partial affirmation of his conviction and sentence, Asaram approached the Supreme Court, which on Tuesday agreed to examine the matter but signalled that any request for suspension of sentence or bail would be considered only in exceptional circumstances linked to his health.