The Gujarat High Court is considering a plea by Narayan Sai, who was convicted and sentenced to life imprisonment in 2019 by a Sessions Court in Surat on multiple serious charges, including rape, unnatural offences, assault, criminal intimidation, and outraging the modesty of a woman. He has sought temporary bail to meet his ailing mother, who has been recently admitted to hospital. The matter was heard by a division bench comprising Justices Ilesh J. Vora and P.M. Raval.
Narayan Sai’s counsel submitted that the health condition of his mother is grave and that her hospitalization necessitates that he be granted temporary leave from prison to visit her. The bench orally directed the State counsel to “get instructions” regarding this plea, meaning that the State must furnish its stand on whether Sai should be granted this temporary bail. The case is listed for further hearing on September 16.
Earlier, in June of this year, the High Court had granted him temporary bail for five days to meet his father, Asaram Bapu, on humanitarian grounds, considering both the medical condition of the father and the fact that father and son had not been able to meet personally given that they are serving sentences in different prisons. During that earlier order, the Court noted that Sai had been incarcerated since 2013, that during his earlier temporary bail (for meeting his father) there had been no untoward incident, and that police surveillance had been in place.
The current application similarly relies on humanitarian considerations. Sai’s counsel emphasized that, despite being convicted many years ago, Sai has not had the opportunity to meet his mother recently, and that the severity of her health condition justifies some relief. The State’s position and response to this application are not yet known; the Court is waiting for formal instructions.
The underlying conviction in 2019 by the Sessions Court, Surat, encompassed multiple offences under the Indian Penal Code, namely Sections 376(2)(f) (being in a position of trust or authority towards the victim), 376(k) (rape of a woman with mental or physical disability), 376(n) (repeat rape), 377 (unnatural offences), Section 354 (assault or use of criminal force to women with intent to outrage modesty), Section 323 (voluntary hurt), Section 504 (intentional insult), and Section 506(2) (criminal intimidation). Sai has been incarcerated since December 2013.
The Court’s earlier temporary bail order in June had placed conditions: Sai was to be under police surveillance, could not meet his followers or the followers of his father in a group, and the relief was strictly for humanitarian grounds. The current plea indicates similar parameters may be under consideration.
The way forward will depend on how the State answers the request, including verification of the mother’s medical condition, the seriousness of the claim, and any past conduct during temporary bail periods. The Court’s decision on September 16 will determine whether Sai is granted temporary bail to meet his mother, subject to conditions, or whether the plea will be declined.
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