Asaram got interim bail from the Supreme Court on January 7 in the Gandhinagar rape case of Gujarat. After this, a petition was also filed in the Rajasthan High Court on 8 January.
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Now there are discussions that Asaram will take advantage of the relief received from the apex court. With the same logic, he can also get bail in the case of rape of a minor in Jodhpur.
Asaram is guilty of sexual misconduct with a minor girl from his own ashram in Jodhpur and is serving life imprisonment. According to legal experts, there is no possibility of Asaram getting bail in the POCSO case.
Asaram can only file SOS (Suspension of Sentence) in the court, which is a petition for suspension or postponement of sentence. Since Rajasthan High Court has already rejected Asaram’s SOS 5 times.
Currently, hearing is pending only on the fifth petition. In such a situation, there are little chances that the court will hear the petition filed for the sixth time on Wednesday. Not only this, his application has been rejected 12 times till now from Lower Court, High Court to Supreme Court.
Read in this report what legal experts have to say on the discussions about Asaram coming out of jail?
How did we get relief from the Supreme Court: In the Jodhpur case, parole was made the basis, Gujarat High Court rejected it and then it reached the Supreme Court. Asaram is lodged in Jodhpur Central Jail since September 2, 2013 after being arrested in the rape of a minor. In this case, till now his bail applications have been rejected 12 times in different courts. It is certain that Asaram has obtained parole thrice citing treatment as the reason.
Asaram during treatment at Jodhpur AIIMS.
For the first time: On August 13, 2024, Asaram got parole for 7 days. Then Asaram got treatment at the Ayurvedic Hospital in Madhavbagh, Pune.
Second time: Got parole for 30 days on 7 November 2024. Then Asaram got treated in a private Ayurveda hospital located in Jodhpur.
Third time: Even before the parole was completed, Asaram again asked for time for treatment. The High Court approved parole for 17 days. Asaram again went to Pune. Got treated at Madhavbagh Ayurvedic Hospital.
Asaram’s lawyer Ramendra Saluja said- Supreme Court had granted interim bail on medical grounds. An SOS was imposed in the High Court on January 8 on the same ground, but it was not accepted.
If the number is not received on Thursday, ‘IAM’ i.e. Interim Application for Modification will be filed. But SOS hearing is not on merit. Till now the High Court has rejected Asaram’s 5 SOS.
SOS applied 5 times, rejected every time
- SOS has been filed by Asaram in the High Court for the sixth time, till now 5 applications have been rejected.
- The fifth SOS was filed by Asaram’s supporter Ramchandra Bhatt in September last year, the hearing of which is still pending.
- The fourth SOS was filed in the bench of Justices Vineet Kumar Mathur and Dinesh Mehta on January 12 last year, but it was rejected.
The application has been rejected 12 times, the Supreme Court has said – go to the High Court Asaram filed 12 petitions for bail in the POCSO case in the Lower Court, High Court and Supreme Court, but all have been rejected. He filed a bail petition on the pretext of his own illness and treatment of his wife’s illness, but till now none of the arguments have stood firm in the court.
Asaram had also filed a petition in the Supreme Court on 12 September 2023 in the case of rape of a minor. The Supreme Court had refused to hear it. The top court had clearly said that Asaram can go to the High Court for suspension of the sentence.
The top court had said – If his appeal against the sentence is not heard expeditiously by the trial court, Asaram can file a petition in the Rajasthan High Court for suspension of sentence (SOS).
Expert said – POCSO case in Jodhpur, hence the path is not easy Senior advocate Hastimal Saraswat said that legally the basis of every case is different. If someone gets bail in one case, it is generally not possible to get bail in another case also.
The Gujarat case regarding Asaram was of rape of a woman, while the Jodhpur (Rajasthan) case was of crime against a minor. The SC-ST court found him guilty and sentenced him to life imprisonment. This is the reason why till now he has not been able to get any relief other than parole in this case.
Senior Delhi lawyer Manohar Lal Sharma says – Asaram got bail from the Supreme Court in the rape case of Gujarat, on this basis, he cannot get bail in the POCSO case of Jodhpur, unless someone presents new evidence of his innocence. .
She has also got bail on humanitarian grounds in the Gandhinagar rape case. He told that he is eligible for parole after completing 10 years of imprisonment in the POCSO case. In such a situation, Asaram may get parole but the chances of interim bail are very less.
Final arguments pending in POCSO case According to legal experts, all the ways for Asaram to come out are closed. Last year, an appeal was filed on behalf of Asaram against the life imprisonment sentence in the POCSO case.
Final in this appeal argument remains. If its date is finalized and the case goes in favor of Asaram in the arguments, then only there can be a possibility of coming out of jail.
Because Asaram cannot apply for bail because his bail application has been rejected 5 times in the Supreme Court. Even in the Gujarat case, the Supreme Court had said that Asaram cannot be granted bail as per the charges against him, bail has been granted with conditions on medical grounds. According to legal experts, bail given with conditions is a kind of parole.
Policemen taking Asaram to jail. Asaram was sentenced to life imprisonment in the POCSO case.
Asaram guilty of rape in 2 cases Asaram is serving life imprisonment in two cases in Gujarat and Rajasthan. In January 2023, the Gandhinagar court had given life imprisonment to a woman in the case of rape of a woman in Gandhinagar, Gujarat in 2013.
In this case, his bail was rejected 16 times in Gujarat High Court. Asaram was arrested by Jodhpur Police from Indore ashram in the year 2013 in the case of sexual assault of a minor in his own ashram in Jodhpur Ashram.
Since then Asaram is in jail. After a five-year long trial, on April 25, 2018, the court sentenced Asaram to life imprisonment.
Main cases against Asaram
- July 2008: Half-burnt and mutilated bodies of 10-year-old Abhishek Vaghela and 11-year-old Dipesh Vaghela were found in Motera. Asaram got clean chit in this case.
- August 2013: Asaram sentenced to life imprisonment in the case of raping a minor of his own ashram in Jodhpur.
- August 2013: Surat girl lodged rape complaint in Chandkheda police station, Asaram was found guilty and sentenced to life imprisonment.
- November 2014: A case was registered against five people including Asaram for threatening to kill Uday Mandir police in Jodhpur.
- February 2017: A case of giving fake documents for bail came to light in Jodhpur. In this, a fine of Rs 1 lakh was imposed on Asaram.
Ashumal becomes Asaram Asaram’s real name is Ashumal Harpalani. He was born in April 1941 in Berani village in Sindh, Pakistan. After the partition of 1947, the family settled in Gandhinagar. Asaram made Leelashah his guru in the 1960s.
Asaram claimed that the Guru had given him the name Asaram instead of Asumal. In 1972, Asaram built his small hut on the banks of the Sabarmati river near Motera village, ten kilometers from Gandhinagar.
Initially Asaram attracted the poor, backward and tribal people of the villages of Gujarat with his ‘lectures, indigenous medicine and bhajan-kirtan’. Later gradually its influence started increasing even among the middle class in the urban areas of Gujarat. In the initial years, free food in the name of Prasad was given after Asaram’s lectures.
The number of Asaram’s followers gradually started increasing and his ashrams started opening in many cities of Gujarat and also in different states of the country. In two-three decades, Asaram and his son Narayan Sai together had created an empire of 400 ashrams in the country and abroad. As the number of ashrams and followers increased, Asaram’s wealth started increasing. He was said to have assets worth around Rs 10 thousand crores.
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