Gujarat High Court Dismisses Asaram’s Bail Plea
In a significant legal development, the Gujarat High Court has denied the application for temporary bail filed by self-proclaimed spiritual leader Asaram Bapu. The request for a 20-day release was made in relation to his conviction in the 2013 rape case, formally recognized as Ashumal @ Asharam v State of Gujarat. The plea was part of an ongoing criminal appeal against the January 2023 decision of the Gandhinagar Sessions Court, which sentenced Asaram to life imprisonment for rape and related offenses.
Judicial Rationale and Supreme Court Liberty
The Division Bench, comprising Justice Gita Gopi and Justice LS Pirzada, concluded that there was no merit in considering the temporary bail appeal. The judges cited the Supreme Court’s prior ruling, which allows Asaram to seek relief if his health condition worsens. The Bench stated, “The Hon’ble Apex Court by order dated 06.08.2026…has granted liberty to the petitioner to make mention before the Hon’ble Apex Court in case, the health of the petitioner deteriorates. We at this stage, do not find any reason to entertain this application in view of the liberty reserved in favour of the applicant to move the Hon’ble Apex Court.”
Background of the Case
Asaram was found guilty by a Gandhinagar court for the sexual assault of a female disciple from Surat, which took place between 2001 and 2006 at his ashram in Motera. Additionally, he is serving another life sentence for the rape of a minor in Rajasthan in 2013.
Arguments and Legal Representation
Senior Advocate ND Nanavati, representing Asaram, sought temporary bail from the Gujarat High Court to enact the Rajasthan High Court’s earlier decision granting a 20-day parole. This parole was granted on a ₹50,000 personal bond with two sureties of ₹25,000 each. The Rajasthan High Court had considered Asaram’s age and the length of his imprisonment, noting his incarceration for over 13 years without misuse of previous interim bail.
However, the Gujarat prison authorities declined to issue a No Objection Certificate (NOC), citing a 1995 Gujarat government circular and a prior High Court judgment, which restricts parole while an appeal is pending.
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Government Opposition and Supreme Court Considerations
The Gujarat government opposed the bail plea, arguing that Asaram presented no independent grounds justifying the use of the High Court’s discretionary power for temporary bail. The prosecution highlighted the Supreme Court’s August 6 order concerning Asaram’s Rajasthan conviction, where interim bail based on medical grounds was deliberated.
The Supreme Court had reviewed a medical report from AIIMS Jodhpur, directing adherence to its recommendations. It also allowed Asaram to receive continuous care from a health professional of his choosing, with the option to return to the Supreme Court should his health further deteriorate.
Conclusion
Considering these factors, the Gujarat High Court rejected Asaram’s temporary bail application, reinforcing that he could still invoke the Supreme Court’s reserved liberty. Asaram’s appeal against his conviction in Gujarat continues to be under judicial review. Senior Advocate ND Nanavati and Advocate Ashish M Dagli represented Asaram, while Public Prosecutor Hardik Dave and Additional Public Prosecutor Manan Mehta represented the State of Gujarat.
