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Narayan Sai (son of Asaram) was granted interim bail by Hon'ble Gujarat High Court vide its order dated 16.04,2015 for a period of 3 weeks on the ground of his mother's illness, as she requires to be operated for her cervical spine as well as lumbar spine disorders.
The State of Gujarat appealed this order before a full bench of Hon'ble Supreme Court which modified the order of the Gujarat High Court on 29.04.2015 and directed that the order passed by the Gujarat High Court granting interim bail for a period of three weeks shall take effect only after the respondent (Narayan Sai) files before the High Court a certificate from the treating doctor fixing the date for the proposed operation.
Tampering of evidence and influencing of witness has been a frequent ground to deny bail in several cases. Even in this case, the state while opposing the bail application had cited reasons like applicant tring to give bribe to police, applicant attempting to influence witnesses and also eliminating them etc.
It remains a landmark judgement of its kind. It is merely an interim bail for a short period and several conditions have been laid by Gujarat High Court such as a team of Police Officers / Police Officials, shall be with Narayan Sai, all throughout, for the period during which he is out of judicial custody etc. Also, the applicant shall not stay at, or go to his Ashram at Motera, Ahmedabad, or to any other Ashram. In many ways this interim bail is as good as house arrest.
This judgement will act as a ray of hope for those undertrials whose bail applicants have been rejected due to apprehension of witness influencing or evidence tampering. Atleast for medical emergencies they might apply their interim bails, subject to similar conditions or otherwise. #pdf
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