Supreme Court dismisses Asaram Bapu's plea for suspension of sentence in minor's rape case

The Bench Comprising Justice Sanjiv Khanna and Justice Dipankar Datta, without commenting on the merits of the case said, that ''if the state accepts the proposal to allow treatment in police custody, Asaram Bapu shall be at liberty to approach the High Court to seek treatment at an Ayurvedic Hospital.''

The bench also directed the Rajasthan High Court to expedite the hearing on his appeal against conviction.

Rajasthan High Court had rejected Asaram Bapu’s fourth application for suspension of sentence, observing that a law and order situation may arise if he is permitted to undergo treatment "on his own" instead of in "police custody".

The High Court said that ''Asaram Bapu’s fan following is enormous and if he is allowed to undergo treatment at a private Hospital, there is a possibility that law and order problems may arise in the State of Maharashtra and there is no response available on behalf of Maharashtra Government on this aspect."

The 82-year-old Asaram Bapu is currently serving a life sentence in Central Jail, Jodhpur for the rape of a minor. He was again convicted in January 2023, by a Gujarat court in another rape case and was sentenced to life imprisonment.

During the hearing on his bail plea in the Apex Court, Asaram Bapu submitted a discharge report issued by AIIMS Jodhpur, where a medical board consisting of 7 senior doctors has indicated that he needs Coronary Artery Bypass Graft (CABG) and another facility that is not available in Jodhpur.

Citing "extreme urgency," he pointed out that within four months from (November 2023 to January 2024), he was rushed to AIIMS, Jodhpur thrice due to severe chest pain indicative of a heart attack.

The Top Court, while taking note of his submission, directed the High Court to consider any such application moved by Asaram Bapu before them.

The Apex Court also directed the High Court to take up the hearing of his main appeal expeditiously.

The petition was filed through Advocates Rajesh Inamdar and Shashwat Anand. Senior Advocate Devadatt Kamat also appeared for Asaram Bapu.

The Rajasthan High Court, last month, denied 20-day parole to Asaram Bapu, saying that his application could not be accepted under Rule 1(3) of the Rajasthan Prisoners Release on Parole Rules, 2021 as well as its possibility of causing a law and order situation.