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Grants 20 Day To Asaram After 13 Years Imprisonment
In a significant judicial order, the has granted a 20-day to the high-profile , Asha Ram, commonly known as Asaram. The division bench, comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit, intervened after state authorities repeatedly blocked the octogenarian's request for temporary release.
A Decade and More Behind Bars
Asaram has been for over thirteen years, one month, and twenty-four days. His recent application for a 20-day was initially rejected by the and . The authorities cited concerns that the petitioner might abscond or pose a threat to the complainant's family. Additionally, the State argued that the petitioner was ineligible for under , citing a separate conviction in Gujarat and a lack of medical certification confirming his fitness for release.
The Legal Stand-off
Counsel for the State maintained that the existing criminal record in another state and police intelligence reports regarding potential flight risks justified the denial of . However, the petitioner’s legal team emphasized his consistent record of good conduct during his long term of incarceration and his prior adherence to conditions during periods.
Judicial Scrutiny of Denials
During the proceedings, the High Court expressed strong dissatisfaction with the repetitive nature of the state's objections. The bench noted that committees tasked with deciding applications frequently rely on generic excuses without citing specific instances of misconduct or actual danger to society. The Court clarified that rules pertaining to a conviction in Rajasthan cannot be arbitrarily linked to ongoing cases in other states, which must follow their own independent legal process.
Key Observations
The bench highlighted the lack of substance in the State's apprehensions:
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"There is no case of misuse of bail on his part, nor there has been any instance of him causing danger to the society or to any of the witnesses."
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"The apprehensions are, therefore, all misleading and figment of the imagination, without any basis."
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"We notice that in normal course, the committees formed for the purpose of deciding
applications use same or similar kind of excuses for denying
without there being any actual instances being cited."
The Court’s Mandate
Finding no valid reason to withhold the relief, the High Court directed that the petitioner be released on his first for twenty days. The release is subject to a of ₹50,000 and two sound of ₹25,000 each. The , has been granted the authority to impose reasonable conditions to ensure the ’s return to custody upon the expiry of the period. This decision reinforces the judiciary's stance that , when legally earned, should not be withheld based on speculative fears or .
