Dera chief has few options to escape from clutches of law

Now that he has been sentenced to 20 years in prison in the case pertaining to the rape of two women inmates of his Dera, the controversial head of Dera Sacha Sauda, Gurmeet Ram Rahim, has very few options.

Since 2013, when the law relating to rape and sexual offences against women was strengthened in the aftermath of the December 2012 Delhi gang-rape, offenders like the Dera chief have to spend some time in jail before the wheels of justice move in to help him. But then, the case against him also crawled. Do remember that the FIR was registered in December 2002 — almost 15 years before the trial court delivered the damning judgement, admonishing Ram Rahim for having acted like a wild beast and having used his influence to betray the faith of his “pious disciples” who had placed him “on the pedestal of god”.

Under the law, the convict has a right to file an appeal against his conviction and sentence holding him guilty for committing offences punishable under Sections 376 and 506 IPC, wherein he has been directed to undergo rigorous imprisonment for 10 years in each case and also to pay fine of Rs 14 lakh to each of the two victims.

First, the most important point: Any appeal that the Dera chief now makes will have to be before the Punjab and Haryana High Court since it is a special CBI court that has convicted him.

Since there is one regular case registered against him, he can challenge the validity of awarding two separate sentences of 10 years each in the said one case. He can also move an application under Section 427 of the CrPC, asking the court to order that both the sentences shall run concurrently, which, simply put, would mean that he gets out of prison after 10 years only — less, actually, since some period would be reduced for good behaviour, parole, and time already spent in jail. Section 31 CrPC deals with the issue of sentences awarded in different offences but tried at the same trial.

According to the settled law laid down by the Supreme Court in numerous cases, it is the trial court’s discretion whether sentences are to run concurrently or not. As per the law laid down by the SC, unless the trial court judge, the CBI Special Judge in this case, so orders, the sentences will run consecutively.

The first step that the Dera chief’s legal team is likely to take is file an application for suspension of sentence, which could also result in bail during pendency of appeal before the High Court.

The entitlement for suspension of sentence (bail) depends upon many factors as regards the grounds taken in the appeal and the evidence brought on record in the case. Usually in such cases, suspension of sentence is not considered before completion of one-third of the sentence awarded. Taking into consideration the facts of the present case, it would be futile to make such an attempt before completing three to four years in jail.

In so far as bail is concerned, the courts are very stringent in suspending granting bail in such heinous crimes. The Supreme Court has laid down detailed guidelines on the issue of grant of bail. In its judgement in the Dharampal case, the Supreme Court in 1999 ruled that if, on appeal, the conviction and sentence awarded to an accused is under challenge, it would be a travesty of justice to keep a person in jail for an offence which may ultimately be found not to have been committed by him. The SC has held that a balance has to be maintained and, in case there is delay in deciding the appeal, the convict may be entitled to suspension of sentence (bail) after having remained in jail for one-third period of sentence as awarded. Going by Dharampal, It could be a long period in jail for the Dera chief before he is granted bail by the court.

But while the convict has some options, the prosecution also has options. It can file a Criminal Revision before the High Court for enhancement of sentence awarded to the accused.

The author is an advocate practising in the Punjab and Haryana High Court