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A bench of Justices M M Sundresh and Aravind Kumar told the counsel appearing for Asaram that it would examine the issue only if there are medical grounds.
“We will issue notice, but we will consider only on medical conditions,” the bench said while posting the matter for hearing on December 13.
The Gujarat High Court on August 29 had rejected Asaram’s plea for the suspension of life imprisonment in the case by a Gandhinagar court in 2023.
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The sessions court in January 2023 convicted Asaram in the 2013 rape case, filed by a woman who was living in his ashram near Gandhinagar at the time of the crime.
Asaram is currently lodged in Jodhpur jail in Rajasthan in another rape case.
The high court had noted that his contentions about possible delay in the disposal of his appeal, his age and the medical condition were not relevant to the grant of relief.
The court had also considered the antecedents, including alleged murder of two boys at his Sabarmati ashram and attacks on witnesses and relatives of victims.
“At this stage, considering the totality of the circumstances, the ground of possible delay in appeal and medical ailment, as well as ten years completion in jail, in our view, may not be relevant in considering the prayer of suspension of bail,” the court had observed.
Asaram’s plea had said he was the victim of a conspiracy, and the allegations of rape were false. The trial court committed an error while accepting the survivor’s explanation for delay of 12 years in lodging the complaint, it submitted.
His appeal against the conviction in a rape case in Jodhpur is pending before the Rajasthan High Court. Asaram’s application for suspension of sentence in that case was rejected by the Rajasthan High Court in January this year.