The on deferred the hearing of the filed by Asaram, a convicted individual currently serving a for . A bench comprising Justice JB Pardiwala and Justice K Vinod Chandran instructed that the proceedings regarding the challenge to his and in the Jodhpur rape case be taken up only after he surrenders upon the conclusion of his current 20-day period. The court further directed the registry to prepare both digital and physical sets of the to be provided to all parties involved, ensuring that the necessary documentation is available for a comprehensive review when the matter resumes in November.
The judicial development follows the dismissal of a separate plea in which the petitioner had sought to challenge a order. That order had denied him to visit his ailing wife in connection with a separate rape case registered in Gandhinagar in . The bench permitted the withdrawal of this plea after it was clarified that the petitioner is already enjoying a 20-day granted by the , thereby rendering the urgent request for temporary release in the Gujarat matter for the immediate term.
The timeline surrounding these proceedings has been complex, involving overlapping convictions across two states. In the Jodhpur case, the had sentenced the petitioner to imprisonment for the remainder of his natural life in . This was later challenged before the , which delivered a judgment in , setting aside convictions related to certain gang rape charges and specific provisions of the , while upholding the primary under .
Navigating Overlapping and Bail Challenges
During the hearing, the arguments primarily centered on the petitioner’s current legal status and the procedural hurdles created by his incarceration across two different jurisdictions. , appearing for the States of Rajasthan and Gujarat, outlined a sequence of events to illustrate the legal strategy employed by the defense. He noted that the petitioner had exhausted various avenues for release on medical grounds before eventually obtaining the current 20-day from the .
The Solicitor General argued that the attempt to seek
from the
while already being granted
in the Rajasthan matter served as a secondary strategy after earlier rejections of medical-based
requests. He also emphasized that the petitioner's release was contingent upon the finality of these procedural requirements. As the bench noted during the session, the Court intends to focus on the broader legal questions once the petitioner is back in custody. Justice Pardiwala stated,
"Unless you are able to convince us that because of the lapse the entire
would be said to have vitiated, we will look into it."
The petitioner's counsel contended that the under was legally inconsistent with the acquittals regarding other charges, suggesting that the trial court's findings were not sustained by the totality of evidence. Furthermore, the defense raised concerns regarding the petitioner's current medical status, alleging that he had suffered a cardiac event requiring intensive care. In response, the State emphasized the gravity of the trial, specifically referencing that three key witnesses were murdered during the original proceedings, an observation aimed at highlighting the sensitivity and historical context of the case.
Reviewing the Trial Records
The Supreme Court’s decision to summon the complete trial records marks a critical shift toward a substantive examination of the merits of the appeal. By ordering both the Rajasthan and Gujarat records to be processed, the Court ensures that it can evaluate the evidentiary foundations of both the Gandhinagar case—where the petitioner was convicted in 2023 for raping a disciple—and the Jodhpur case.
The previous bench, presided over by Justice MM Sundresh and Justice Sheel Nagu, had already issued notice on the filed against the ’s decision. That bench had also previously directed the to form a medical board to evaluate the petitioner's health, though the focus has now returned to the procedural timeline of the appeal itself. The petitioner’s ongoing 20-day , which is set to expire on , effectively creates a window during which the Court has paused any further intervention.
The Supreme Court's insistence that the appeal be heard on a "" after the surrender date underscores the judiciary's approach to balancing the individual's rights with the finality of criminal convictions. By consolidating the records and setting a firm date for the resumption of the hearing, the Court has established a clear roadmap for the litigation to proceed in November. The legal community expects that the upcoming hearings will likely delve into the specific evidentiary challenges raised by the High Court's partial , as well as the overarching question of whether the trial court’s can withstand the scrutiny of the apex court in light of the complex evidentiary landscape developed throughout the decade-long history of these two cases. As it stands, the petitioner remains subject to the conditions of his current until the deadline arrives later this month, at which point the procedural requirements for his surrender will be enforced, clearing the path for the Supreme Court to address the appeal in its upcoming November sessions.
Criminal appeal proceedings - Parole compliance challenges - Trial record evaluation - Sexual assault conviction