Application for 20-day bail rejected due to lack of independent grounds; Supreme Court proceedings cited.
In a significant development, the Gujarat High Court has denied a temporary bail application filed by Ashumal @ Asharam, who sought 20 days of bail. The decision, handed down by a Division Bench comprising Justices Ms. Gita Gopi and L.S. Pirzada, emphasized the absence of independent and compelling reasons for granting bail, especially with related matters pending before the Supreme Court of India.
Asharam, currently serving a life sentence in connection with multiple charges including those under Sections 376(2)(c) and 377 of the Indian Penal Code, had appealed for temporary bail citing an order by the Rajasthan High Court which granted him parole for 20 days. The defense argued that the Gujarat High Court should consider this order, as it might otherwise remain unenforced without a corresponding bail order from Gujarat.
Represented by Senior Advocate Mr. N.D. Nanavati, Asharam's legal team referenced his previous temporary releases, which were not misused, and his advanced age of 87 years as further justification for bail. The defense also pointed to a circular from the Home Department of Gujarat, which restricts jail authorities from granting parole to convicts whose appeals are pending in court, leaving the appellate court as the competent authority to grant such relief.
However, the prosecution, led by Public Prosecutor Mr. Hardik Dave, countered that the Supreme Court had already addressed Asharam's health concerns and granted him the liberty to approach the Apex Court should his health deteriorate. They argued that this existing provision negates the need for separate interim bail from the High Court.
In its judgment, the Gujarat High Court noted that the Supreme Court had already provided Asharam with a framework to address his health issues and stressed that discretionary powers should not be exercised without specific and independent reasons, which were absent in the present case. The court concluded that the application for temporary bail was unwarranted given the pending appeal and the Supreme Court's directions.
The rejection of the bail application underscores the judiciary's cautious approach in balancing the rights of the convict with procedural rigor, especially when higher judicial forums are involved.
Bottom Line:
Temporary bail application rejected by the Gujarat High Court as the applicant failed to provide independent and specific grounds for bail. The court emphasized that discretionary powers should not be invoked in the absence of compelling reasons, particularly when related matters are pending before the Supreme Court.
Statutory provision(s): Section 389(1) of the Code of Criminal Procedure, 1973; Indian Penal Code Sections 376(2)(c), 377, 354, 342, 357, 506(2)
Ashumal @ Asharam v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc id # 2974538
