Allow Cookies!
By using our website, you agree to the use of cookies
The High Court of Gujarat had rejected the bail application to Asharam who had pleaded for vulnerability to coronavirus which is pandemic in the state. In re Asharam V. State of Gujarat, the petitioner had applied for bail application keeping his age factor as a ground against the deadly COVID-19. The petitioner is also facing another matter of sexual assault matter in court at Gandhinagar. In the given bail application, the petitioner had stated that due to the said matters and claimed that he would be more vulnerable to COVID-19. The counsel for petitioner had relied on the recent apex court’s ruling. The Hon’ble Supreme Court of India had directed the States and Union Territories to consider granting parole to prisoners in lesser offences to anti-congest the prisons. Onto the present outbreak, the apex court had thought of decluttering the prisons and thus this was put forth by the counsel for petitioner. The respondents on the other hand had rejected the plea submitted by the petitioner. The respondents had stated the seriousness of the crimes accused had committed and also cited the reasons for rejection of his previous bail applications onto this seriousness. The state held “Considering the seriousness of the alleged offences, the earlier applications for regular bail of the applicant have not been granted by this Court and by the Apex Court, and therefore, the present application for temporary bail should not be entertained”. The High Court had denied the bail to the petitioner as Asharam did not qualify as the category of prisoners under the compliance made by the Supreme Court. The petitioner had been booked in the sections 376(2)(c) of the Indian Penal Code which held imprisonment for ten years. The High Court held that, “The case of the applicant also does not fall under any of the categories mentioned in the guidelines issued by the High-Power Committee constituted pursuant to the order passed by the Supreme Court… It also appears that his regular bail applications were not granted by this Court as well as by the Supreme Court,”.
86540
103860
630
114
59824