Asaram Bapu Withdraws Plea For Suspension Of Sentence After Apex Court Says He Delayed Hearing Of His Own Appeal

The Supreme Court today refused to consider the Special Leave Petition filed by Asharam Bapu, who stands convicted in a POCSO (Protection of Children from Sexual Offences) case for the sexual assault of a minor girl, challenging the order of the Rajasthan High Court, which had, for the third occasion, rejected the application for suspension of sentence.

The Bench of Justice Sanjiv Khanna and Justice SVN Bhatti in its order noted. "The learned counsel for the Petitioner seeks to withdraw the present Special Leave Petition and in view of the statement made the Special Leave Petition is dismissed as withdrawn. We must also record that the learned counsel has stated that the Petitioner may file a fresh application for suspension of sentence in case the appeal is not taken up within a reasonable time."

However, the Court refused to specify any time period for the disposal of the appeal and further remarked, "Wait for your appeal... You also delayed it. On this fact alone, we can dismiss it that you filed an application under Section 391 CrPC which delayed the matter."

In February 2022, the High Court directed the summoning of witness Ajay Pal Lamba under Section 391 CrPC. This further came to be challenged before the Supreme Court while Asharam Bapu sought the suspension of sentence on the ground there is no possibility of the appeal being heard and decided in the near future.

The High Court in the impugned order had noted "Perusal of the order-sheets of the appeal would indicate that the matter was listed for hearing on more than one occasions, but adjournments have been sought by the defence for one reason or the other. Two previous applications for suspension of sentences preferred on behalf of the appellant have been dismissed by the court after arguments had been advanced to some extent albeit by way of withdrawal."

The Court had ordered, "In wake of the discussion made hereinabove; looking to the nature and gravity of the allegations, and considering the fact that the appeal itself is ripe for hearing, we are of the opinion that the appellant does not deserve indulgence of bail. Hence, the instant application for suspension of sentences is rejected as being devoid of merit."

Senior Advocate Devadutt Kamath argued before the Apex Court that Asaram had been in jail for over 10 years. However, the Court said that it was not inclined to entertain the Special Leave Petition. Subsequently, Kamath sought permission to withdraw the SLP, which was granted accordingly.

Cause Title: Asharam @ Ashumal v. The State Of Rajasthan [Diary No. 33636-2022]