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On 21st May 2021, Friday- The High Court of Judicature for Rajasthan at Jodhpur, dismissed the “Criminal misc. Suspension of Sentences Application (Appeal)”, filed on behalf of the Applicant (Asharam Bapu).

Asharam Bapu also known as the self-styled Godman was sentenced for life for raping a 16-year-old girl in Jodhpur. He was charged under Sections 342 (punishment for wrongful confinement), 376 (rape), 354A (assault or criminal force to woman with intent to outrage her modesty), 506 (punishment for criminal intimidation) and 509/34 (word, gesture or act intended to insult the modesty of a woman read with Section 36 – acts done by several persons in furtherance of common intention) of the IPC, as well as under relevant sections of the Protection of Children from Sexual Offences (POSCO) Act and Sections 23 and 26 of the Juvenile Justice Act.

Facts as per the order

The current application was moved on behalf of the appellant, Asharam (aged 83years) for temporary suspension of sentences, as the applicant while serving his sentence got infected and was diagnosed with Covid-19. He was shifted from the jail to M.D.M. Hospital, Jodhpur. He was then later on shifted to AIIMS, Jodhpur as his health was not improving at the former hospital.

“In   the intervening   period,   the  appellant   developed   internal gastrointestinal bleeding as a result whereof, his haemoglobin dropped to critically low level and accordingly, he was provided treatment for the said disorder including blood transfusion, etc”.

As per the treating doctors at AIIMS, the condition of the appellant is presently stable and he is fit for discharge. However, it has been advised that the appellant requires further investigation and follow-up for his gastrointestinal bleeding.

Further, the counsel appearing on behalf of the appellant stated that the appellant expressed his desire in writing that he does not desire to take the allopathic line of treatment and instead, his followers may be allowed to set up a fully functional medical facility at his Ashram at Pal Village, Jodhpur so that he can be treated by Ayurveda. The counsel further submitted that in case,   the sentences awarded to the appellant are suspended, he and his followers are ready and willing to abide by any condition which may be imposed by this Court.

It is to be noted that, as of date, there is no certificate/ opinion of the doctors stating that the ailments with which, the appellant is afflicted, can be treated by Ayurveda.

When the haemoglobin level of the appellant dropped, the doctors at AIIMS had to treat him with blood transfusion, but the same isn’t available at the Ayurved University as shifting to the same university was requested as an alternative by the counsel; If the appellant was not permitted to be taken to his Ashram by this Court.

Observation of the Court

The division bench comprising of Justice Sandeep Mehta and Justice Devendra Kachhawaha, stated that “Suspending the sentences awarded to the appellant, in this case, would be nothing short of an exercise in futility because immediately on his release from the Central Jail, Jodhpur, he would be required to be taken to the State of Gujarat in connection with the case pending trial as a production warrant certainly would be in force".

The prayer of the appellant regarding setting up of the medical facility at his Ashram was also not tenable and the Court further stated “because this Court is cognizant of the fact that whenever, the convict has been taken out from prison even for attending the dates of hearing during trial, his followers would to form huge congregations which would create law and order situations and presently, the risk of spread of COVID infections would become imminent”.

The Court dismissed the application and further directed the district and jail administration to ensure that proper treatment is provided to the appellant at the suitable medial It shall also be ensured that no sooner, the convict is lodged back at Jail after recovery, he will be provided proper treatment, nutritious diet and safe environment looking to his old age and medical condition.