Latest news with #IleshVora
The Hindu
8 hours ago
- The Hindu
Gujarat High Court extends Asaram's temporary bail in rape case till July 7
The Gujarat High Court on Friday (June 27, 2025) extended the temporary bail granted to self-styled godman Asaram till July 7, 2025 in the 2013 rape case for which he is serving a life sentence. The division Bench of Justices Ilesh Vora and Sandeep Bhatt extended Asaram's temporary bail, granted on March 28 initially for three months, during the hearing of the plea. Asaram (86) is on bail on medical grounds. The extension was granted so that his lawyer could submit the necessary documents in his plea, and the matter has been kept for further hearing on July 2. Notably, the temporary bail granted by Gujarat High Court on March 28 this year is set to expire on June 30. In his submission, Asaram's lawyer sought an extension of a few days to submit documents, claiming that after the court granted temporary bail on March 28, 10 days were wasted owing to the procedure to get orders from the Jodhpur High Court and he was released on April 7. "So I request for two days so that if the matter is kept on Monday, I can place the document on record, and even they (respondents) can verify. Then on Monday, in any case, I have to surrender, so lordships may give me one or two days till the matter is pending," he said. The court, in its order, stated that considering "the peculiar facts of the present case, more particularly, the process of getting the certificate from NALSA (National Legal Services Authority), which according to submission is under way, we are inclined to extend the temporary bail till July 7". The high court on March 28 granted temporary bail for three months to Asaram as the interim bail granted to him earlier by the Supreme Court was to expire on March 31. A division Bench of the high court then delivered a split verdict, after which a third judge, to whom the matter was referred, ruled in favour of granting him three-month temporary bail. In January 2023, a court in Gandhinagar sentenced Asaram in a rape case to life imprisonment. Asaram is also serving a life sentence in another case of raping a minor girl at his ashram in Rajasthan in 2013. In the present case, he was convicted for raping a woman disciple, who hailed from Surat, on several occasions from 2001 to 2006 when she was living at his ashram at Motera near Ahmedabad. He was convicted under Indian Penal Code sections 376 2(C) (rape), 377 (unnatural offences), 342 (wrongful detention), 354 (assault or criminal force to woman with intent to outrage her modesty), 357 (assault) and 506 (criminal intimidation).
NDTV
9 hours ago
- NDTV
Gujarat High Court Extends Rape Convict Asaram's Interim Bail Till July 7
Ahmedabad: The Gujarat High Court on Friday extended the temporary bail granted to self-styled godman Asaram till July 7 in the 2013 rape case for which he is serving a life sentence. The division bench of Justices Ilesh Vora and Sandeep Bhatt extended Asaram's temporary bail, granted on March 28 initially for three months, during the hearing of the plea. Asaram (86) is on bail on medical grounds. The extension was granted so that his lawyer could submit the necessary documents in his plea, and the matter has been kept for further hearing on July 2. Notably, the temporary bail granted by Gujarat High Court on March 28 this year is set to expire on June 30. In his submission, Asaram's lawyer sought an extension of a few days to submit documents, claiming that after the court granted temporary bail on March 28, 10 days were wasted due to the procedure to get orders from the Jodhpur High Court, and he was released on April 7. "So I request for two days so that if the matter is kept on Monday, I can place the document on record, and even they (respondents) can verify. Then on Monday, in any case, I have to surrender, so lordships may give me one or two days till the matter is pending," he said. The court, in its order, stated that considering "the peculiar facts of the present case, more particularly, the process of getting the certificate from NALSA (National Legal Services Authority), which according to submission is underway, we are inclined to extend the temporary bail till July 7". The high court on March 28 granted temporary bail for three months to Asaram as the interim bail granted to him earlier by the Supreme Court was to expire on March 31. A division bench of the high court then delivered a split verdict, after which a third judge, to whom the matter was referred, ruled in favour of granting him three-month temporary bail. In January 2023, a court in Gandhinagar sentenced Asaram in a rape case to life imprisonment. Asaram is also serving a life sentence in another case of raping a minor girl at his ashram in Rajasthan in 2013. In the present case, he was convicted for raping a woman disciple, who hailed from Surat, on several occasions from 2001 to 2006 when she was living at his ashram at Motera near Ahmedabad. He was convicted under Indian Penal Code sections 376 2 (C) (rape), 377 (unnatural offences), 342 (wrongful detention), 354 (assault or criminal force to woman with intent to outrage her modesty), 357 (assault) and 506 (criminal intimidation).
Hindustan Times
11 hours ago
- Hindustan Times
Gujarat High Court extends Asaram's temporary bail till July 7 in 2013 rape case
The Gujarat High Court on Friday extended the temporary bail granted to self-styled godman Asaram till July 7 in the 2013 rape case for which he is serving a life sentence. The temporary bail granted to Asaram by Gujarat High Court on March 28 this year is set to expire on June 30.(PTI) The division bench of Justices Ilesh Vora and Sandeep Bhatt extended Asaram's temporary bail, granted on March 28 initially for three months, during the hearing of the plea. Asaram (86) is on bail on medical grounds. The extension was granted so that his lawyer could submit the necessary documents in his plea, and the matter has been kept for further hearing on July 2. Notably, the temporary bail granted by Gujarat High Court on March 28 this year is set to expire on June 30. In his submission, Asaram's lawyer sought an extension of a few days to submit documents, claiming that after the court granted temporary bail on March 28, 10 days were wasted due to the procedure to get orders from the Jodhpur High Court, and he was released on April 7. "So I request for two days so that if the matter is kept on Monday, I can place the document on record, and even they (respondents) can verify. Then on Monday, in any case, I have to surrender, so lordships may give me one or two days till the matter is pending," he said. The court, in its order, stated that considering "the peculiar facts of the present case, more particularly, the process of getting the certificate from NALSA (National Legal Services Authority), which according to submission is underway, we are inclined to extend the temporary bail till July 7". The high court on March 28 granted temporary bail for three months to Asaram as the interim bail granted to him earlier by the Supreme Court was to expire on March 31. A division bench of the high court then delivered a split verdict, after which a third judge, to whom the matter was referred, ruled in favour of granting him three-month temporary bail. In January 2023, a court in Gandhinagar sentenced Asaram in a rape case to life imprisonment. Asaram is also serving a life sentence in another case of raping a minor girl at his ashram in Rajasthan in 2013. In the present case, he was convicted for raping a woman disciple, who hailed from Surat, on several occasions from 2001 to 2006 when she was living at his ashram at Motera near Ahmedabad. He was convicted under Indian Penal Code sections 376 2 (C) (rape), 377 (unnatural offences), 342 (wrongful detention), 354 (assault or criminal force to woman with intent to outrage her modesty), 357 (assault) and 506 (criminal intimidation).
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Business Standard
11 hours ago
- Business Standard
Gujarat HC extends Asaram's temporary bail in 2013 rape case till July 7
The Gujarat High Court on Friday extended the temporary bail granted to self-styled godman Asaram till July 7 in the 2013 rape case for which he is serving a life sentence. The division bench of Justices Ilesh Vora and Sandeep Bhatt extended Asaram's temporary bail, granted on March 28 initially for three months, during the hearing of the plea. Asaram (86) is on bail on medical grounds. The extension was granted so that his lawyer could submit the necessary documents in his plea, and the matter has been kept for further hearing on July 2. Notably, the temporary bail granted by Gujarat High Court on March 28 this year is set to expire on June 30. In his submission, Asaram's lawyer sought an extension of a few days to submit documents, claiming that after the court granted temporary bail on March 28, 10 days were wasted due to the procedure to get orders from the Jodhpur High Court, and he was released on April 7. "So I request for two days so that if the matter is kept on Monday, I can place the document on record, and even they (respondents) can verify. Then on Monday, in any case, I have to surrender, so lordships may give me one or two days till the matter is pending," he said. The court, in its order, stated that considering "the peculiar facts of the present case, more particularly, the process of getting the certificate from NALSA (National Legal Services Authority), which according to submission is underway, we are inclined to extend the temporary bail till July 7". The high court on March 28 granted temporary bail for three months to Asaram as the interim bail granted to him earlier by the Supreme Court was to expire on March 31. A division bench of the high court then delivered a split verdict, after which a third judge, to whom the matter was referred, ruled in favour of granting him three-month temporary bail. In January 2023, a court in Gandhinagar sentenced Asaram in a rape case to life imprisonment. Asaram is also serving a life sentence in another case of raping a minor girl at his ashram in Rajasthan in 2013. In the present case, he was convicted for raping a woman disciple, who hailed from Surat, on several occasions from 2001 to 2006 when she was living at his ashram at Motera near Ahmedabad. He was convicted under Indian Penal Code sections 376 2 (C) (rape), 377 (unnatural offences), 342 (wrongful detention), 354 (assault or criminal force to woman with intent to outrage her modesty), 357 (assault) and 506 (criminal intimidation).
Indian Express
15-05-2025
- Indian Express
HC acquits rape convict of charges under SC/ST Act; cites amendments in Act, Supreme Court judgment
The bench of Justice Ilesh Vora and Justice Sandeep Bhatt passed the judgment on May 9 while acting on a criminal appeal filed by the accused, Kanu alias Kishanbhai Machhi-Patel from Bharuch district, who, in 2016, was convicted by a sessions court for committing abduction, rape and unnatural sex on a tribal girl in 2013. He was convicted under the provisions of the Indian Penal Code (IPC), Protection of Children from Sexual Offences (POCSO) Act, and Atrocities Act. The victim was a minor at the time while Machhi-Patel was a van driver who used to drop her to school. The HC bench observed that the victim did not state in her testimony that the accused raped her because she was from SC/ST community. The court also observed that the victim's parents nowhere stated that the accused committed rape upon their daughter intentionally because of her caste. Besides, the court took note of the investigating officer's testimony and stated that it, '…does not throw any light on the issue whether the offence was committed upon the victim because she belongs to SC/ST Caste.' It further stated that the investigating officer did not properly investigate to prove that the accused does not belong to the SC/ST community. The HC bench observed, 'The court below (Sessions court), while convicting the appellant under Section 3(2)(v) of SC/ST Act (Atrocities Act), has not properly appreciated the evidence and failed to assign sound and cogent reasons of his conclusion that why the offence under the provision of SC/ST Act is proved.' The accused's lawyer had argued that, '… the charge under Section 3(2)(v) of the SC/ST Act has not been substantiated by the prosecution, in as much as, there is no evidence to prove that the accused was aware about the caste of the victim…' The HC also reproduced the Section 3(2)(v) of Atrocities Act which reads, 'commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of 10 years or more against a person or property [knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member], shall be punishable with imprisonment for life and with fine.' The court further pointed out in the judgment that Section 3(2)(v) of the Atrocities Act was amended in 2016. As per the amendment, the words, '….on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe' have been substituted with the words '…knowing that such person is a member of Scheduled Caste and Scheduled Tribe'. The HC stated that in the present case, the unamended Section 3(2)(v) is applicable as the alleged offence was committed on January 19, 2013. The court then stated, 'In such circumstances, in order to establish an offence under Section 3(2)(v) of the SC/ST Act (Atrocities Act), the prosecution is required to prove that the offence is committed on the ground that such person is a member of Scheduled Caste or Scheduled Tribe.' The HC bench cited a Supreme Court judgment of 2017, deciding a criminal appeal of 2015, in which the apex court interpreted unamended Section 3(2)(v) and said, '…the statute laid stress on the intention of the accused in committing such offence and provisions can be pressed into service only (if) it is proved that the offence has been committed on the ground that the victim belonged to SC/ST community and in absence of evidence proving intention of the accused in committing the offence, upon the victim only because she belongs to SC/ST community, the conviction cannot be sustained.' The HC bench, eventually, partly allowed the appeal and set aside the trial court's judgment that convicted the accused under Section 3(2)(v) of the Atrocities Act. The court also ordered to refund the amount of fine, if deposited by the accused under Section 3(2)(v) of the Atrocities Act. Before that, the court observed, '…in view of the settled legal position of law, there is nothing on record to show that the offence was committed because the victim belonged (sic) to SC/ST caste.' As per the complaint, Machhi-Patel took the girl to a secluded place on January 19, 2013, and raped her. Later, he dropped her home. The victim's parents approached the police and an FIR was registered on January 21, 2013, at Bharuch City Police Station. A Sessions court eventually convicted the accused for offences levelled against him such as abduction, rape, unnatural sex under the provisions of the IPC, POCSO Act and Atrocities Act. Under IPC and POCSO Act, the convict was sentenced to 10 years of rigorous imprisonment and a fine of Rs 9,000 was imposed on him. Under the provisions of Section 3(2)(v) of Atrocities Act, Machhi-Patel was awarded life imprisonment and a fine of Rs 5,000 was imposed on him. Machhi-Patel challenged the conviction before the HC. But his counsel did not press the appeal as far as his conviction under the provisions of the IPC and POCSO Act since he had already undergone the imprisonment for the same. However, the accused's lawyer argued that the trial court had committed a serious error in holding him guilty of offence under Section 3(2)(v) of the Atrocities Act.
