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“Danger to Life…That’s the Only Factor”: SC While Declining to Suspend Asaram’s Sentence.

The Supreme Court bench of Justice MM Sundresh and Justice Sheel Nagu on Tuesday issued notice to the State of Rajasthan on a petition filed by self-styled godman Asaram Bapu. He has challenged the Rajasthan High Court’s decision upholding his 2013 rape conviction and life sentence under Section 376 of the IPC.

No Sentence Suspension:

At this stage, however, the Supreme Court refused to suspend his sentence. The bench directed that the medical treatment currently being provided to him in prison must continue. It also made it clear that it would consider bail only if there was a serious medical emergency.

“We are not considering suspension of sentence. If grave urgency is there…such as danger to life…that’s the only factor we will consider,” Justice Sundresh said.

State’s Response:

The Court issued notice to the State. During the hearing, the State’s counsel told the bench that Asaram had been taken to a hospital on June 2 and that doctors had found no threat to his life.

Asaram’s Arguments:

Senior Advocate Dama Seshadri Naidu, appearing for Asaram, asked the Court to consider that the petitioner is over 80 years old, suffers from several medical problems, and has also faced a “social media trial.”

The victim’s lawyer opposed these submissions and pointed out that the case involved minor victims.

Health-Based Relief:

The bench issued notice to the State on the application seeking suspension of sentence. It also said that the petitioner may seek urgent listing of the matter if his health condition worsens.

Earlier Conviction:

To recall, in April 2018, a Special POCSO Court in Jodhpur sentenced Asaram to life imprisonment for the rest of his natural life. He was convicted under Sections 376(2)(f), 376D, 370(4), 342, 506 and 120B of the IPC, as well as Sections 5(g), 6, 7 and 8 of the POCSO Act.

High Court Ruling:

The Rajasthan High Court later upheld most of his IPC convictions but set aside the convictions for gang rape and criminal conspiracy. It also set aside all POCSO convictions.

At the same time, it acquitted co-accused Sharad and Shilpi, who had earlier been sentenced to 20 years’ imprisonment for allegedly helping arrange the victim’s meeting with Asaram.

Case Details: ASHA RAM @ ASHUMAL Versus STATE OF RAJASTHAN, SLP(Crl) No. 11761/2026

 
Anam Sayyed

4th Year, Law Student

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