The Gujarat High Court on Tuesday (September 8) dismissed the temporary bail plea of Asaram who was convicted and sentenced to life by Gandhinagar court in a 2013 rape case.

Asaram had moved the high court seeking 20-day temporary bail citing a Rajasthan High Court order last month granting him 20-day parole in another rape case.

The senior counsel appearing for Asaram submitted before Justice Gita Gopi and Justice LS Pirzada that the applicant was initially arrested, chargesheeted and tried in a case registered at Gandhinagar. He said that the applicant's appeal against conviction in a separate rape case was rejected by the Rajasthan High Court earlier this year against which he had approached the Supreme Court.

For context, the Supreme Court had last month allowed Asaram, to avail round-the-clock services of a trained caregiver of his choice. While keeping his application for suspension of sentence pending, the apex court had further granted Asaram liberty to approach the Court again if his condition worsens.

He said that the applicant was grated parole for 20 days by the Rajasthan High Court in light of his age as well as the fact that he had spent more than 13 years in incarceration in a separate rape case. He said that the high court had rejected the grounds on which the parole application was rejected by the concerned authorities, opining those to be “misleading and figments of imagination without any basis”.

He thus said that he submitted his application for parole before the Gujarat Authorities which was rejected.

"This is the dichotomy. Therefore I'm here for temporary bail. I have not prayed for any ground of medical treatment. Im given medical assistance pursuant to order passed by order of Supreme Court, and that application is pending...And if i am not given here then it (Rajasthan high court parole order) will be a paper order," he said.

He further said that there is no grudge or grievance which has come at any time either from the State or prosecuting agency against the applicant.

Meanwhile the State opposed the temporary bail plea arguing that the applicant wanted the high court use its discretionary powers, thus he must make out an independent case for the same.

"That for x y z reason I'm requesting court to use discretion and I'm relying on order passed by another court. First the basic ground is missing. There appears to be no independent ground for temporary bail," the State's counsel said.

"If at all parole is ground, on what ground without disclosing that...this court will use discretionary power. Then it may happen that subsequent order passed by Supreme Court is likely to be breached. Ground on which parole is granted is the most germane requirement required by applicant to disclose before the high court," the counsel added.

He said that in absence of any ground raised for temporary bail and that wherein parole is not a right, the discretionary authority of the court ought not to be exercised to grant temporary bail.

After hearing the arguments the high court in its order took note of the Supreme Court's order which had called for report from AIIMS Jodhpur on the applicant's health condition. For context, the Hospital's report stated that which Asaram does not require hospitalisation for his ailments, but requires round-the-clock assistance from trained caregivers.

"Hence as noticed, that the Hon'ble Supreme Court by order dated 06-08-2026 which had been passed, after order of the Rajasthan High Court on 03-08-2026, granting liberty to petitioner to make a mention before the apex court incase the health of petitioner gets deteriorated, we at this stage do not find any reason to entertain this application as liberty is reserved to the applicant to move the Apex Court as and when the health condition of the applicant gets deteriorated. In the result the application stands rejected," the court dictated in its order.

The plea was dismissed.

Case title: ASHUMAL @ ASHARAM S/O THAUMAL SINDHI (HARPALANI) v/s STATE OF GUJARAT

CR.MA/2/2026 IN R/CR.A/607/2023