Senior BJP leader Subramanian Swamy today failed to turn up for the fourth consecutive time at a court here to secure the bail for self-proclaimed godman Asaram, despite his assurance of taking up his case.
Now the existing counsel of Asaram will plead his case and the court has fixed the matter for tomorrow.
"The court has now listed the matter for bail arguments on Wednesday. In such case, the existing counsel of Asaram will be arguing for bail after the constant failures of Swami to appear in the court," said the prosecution counsel P C Solanki.
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Earlier, an affidavit was moved by Asaram's counsel in the court seeking permission for Swami to appear as a pleader for Asaram's bail.
"This affidavit was moved under section 32 of the Advocate's act, which says that any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case," said Nishant Boda, defence counsel.
Allowing the application, the court had listed the matter first on May 26 for bail arguments.
"But Swami neither appeared on this date nor on the subsequent dates on June 2, June 9 and on Tuesday, the fourth date.
Swami had met Asaram in jail on April 23 and had assured him of pleading for his bail expressing sympathy with him claiming that he has been framed and that the case was based entirely on the circumstantial evidences.
"Bail is a fundamental right of Asaram and he would soon file a bail application in the lower court," Swamy had said, adding that he would fight his case in the court.
Comparing Asaram's case with those of politicians like Lalu Prasad and Jayalalithaa, Swamy asked,"When they could be out of jail despite being convicted, why could Asaram not be out of jail".
Earlier, at the court, Asaram expressed hope regarding the meeting, saying, "Swamy would do something in my case.