IMPORTANT POINT
Suspension of sentence and grant of bail – Societal concerned has to be kept in view in juxtaposition of individual liberty and societal concern deserve to be given priority over lifting restrictions over liberty of accused.

JUDGMENT (IA)

Ilesh J. Vora, J.—Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

2. By way of this application under Section 389(1) of the Code of Criminal Procedure, the applicant –Accused no.1 – Ashumal @ Asharam Thaumal Sindhi Harpalani, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offences punishable under Sections 376(2)(C), 377, 354, 342, 357, 506(2) of the IPC.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 31.01.2023 and order of sentence passed in Sessions Case No. 34 of 2014, whereby, the applicant herein was convicted and sentenced as under:

4. We have heard learned Senior Counsel Mr. Yogesh Lakhani, assisted by Mr. Ashish Dagli, learned advocate appearing for and on behalf of the applicant– accused, Mr. Bharat Naik, learned Senior Counsel assisted by Mr. Ekant Ahuja, learned advocate for the victim, Mr. R.C. Kodekar, learned Special Public Prosecutor with Mr. L.B. Dabhi, learned APP for the respondent State.

5. It appears from the material on record that, the applicant accused no. 1 along with 6 other co-accused were put to trial in the court of Additional Sessions Judge, Gandhinagar in Sessions Case No. 34 of 2014 for the offences punishable, as recorded in para-2 of this order.

6. At the end of the trial, the accused nos. 2 to 7 namely Bhartiben Asharam – daughter of applicant, Laxmiben Asharam – wife of Asharam, Nirmalaben Lalwani @ Dhel, Meeraben @ Baglo Kalwani, Dhruvben Gurudas and Jaswantiben Chaudhary were acquitted from all charges, whereas, the applicant Asharam held guilty by the trial Court.

7. The applicant accused has preferred the conviction appeal being Criminal Appeal No. 607 of 2023 along with the application for suspension of sentence, which is subject matter of adjudication of this proceeding.

8. Before narrating the case of the prosecution, background facts of the applicant would necessary to refer so as to appreciate the rival contentions of the parties.

The applicant Ashumal Sirumalani Harplani known by his devotees as ‘Asharam’ was working on the path of spirituality and build his first ashram in 1972 in Motera Area of Ahmedabad and gradually he established the ashrams in major cities of the Gujarat as well as across the India and having thousands of followers and devotees. The activities of the ashram spread over in the other field like Mahila Ashram, manufacturing of Ayurvedic medicines and other allied products, printing press, and gurukul and therefore, he was in limelight because of his religious discourses and other social activities. In order to maintain the said activities, so many Sadhakas and/or Sevikas, joined with the applicant and activities of the ashram. The core activities of the ashram is to deliver religious discourses all over India either by himself or by their Sadhakas, who have been trained for delivering lecture on the different field of Hindu religion.

9. The brief facts of the prosecution are that the parents of the victim were devotees of the applicant –Asharam and used to take visit at Surat Ashram. The victim and her other siblings from the childhood were often taken by their parents for darshan at the ashram at Surat. The family of the victim had blind faith in the applicant and his religious activities. In these circumstances, the victim rendered her services as a Sevika and stayed in the ashram, Motera, Ahmedabad from 1997 to 2007. It is alleged that during the stay at Motera ashram, she was abused sexually and illegally confined by the applicant accused and the accused nos.2 to 7 were aided principal accused in commission of t