Asaram, convicted and sentenced to life by Gandhinagar court in a 2013 rape case, moved the Gujarat High Court on Thursday (September 3) seeking temporary bail.

Today, the senior counsel appearing for Asaram submitted before a division bench of Justice Gita Gopi and Justice LS Pirzada that the Rajasthan High Court had recently granted parole to Asaram in a separate rape case.

The court orally asked whether the court can invoke its "discretionary authority to consider those facts".

Meanwhile the senior counsel said that Asaram had been released on temporary bail by Gujarat High Court. He further submitted that while Asaram's physical custody was in Rajasthan however his constructive custody was in Gujarat as well. "Assuming I am acquitted in Rajasthan, Gujarat police will be standing at the gate...my constructive custody is in Gujarat. After transfer I was taken to Rajasthan" he said.

At this stage the court orally said, "Furlough is not a legal right". However the senior counsel said that he was asking for temporary bail. He said that the communication from jail authority in Gujarat was that he cannot be released on parole because he was not in their (Gujarat) custody.

For context, the Rajasthan High Court had in August granted Asaram 20-day parole–following an order upholding his conviction for raping a minor, 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.

The senior counsel said that Asaram has been granted interim bail on number of occassions by the Gujarat High Court. "Otherwise this order which Rajasthan High Court has granted will be of no use...that is the ground on which I am praying. I'm not saying on medical ground. Medical ground my petition in Supreme Court is pending," the counsel said.

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.

After hearing the matter for some time the court listed the case for hearing on September 7 since the State's counsel was unavailable as he was unwell.

"On behalf of Learned PP time has been sought for. List the matter on Monday," the court said in its order.

The matter is listed on September 7.

In June Asaram had withdrawn his application seeking extension of temporary bail.

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

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