The Gujarat High Court on Tuesday rejected a plea by self-styled godman Asaram seeking 20 days' temporary bail in connection with his conviction in the 2013 rape case [Ashumal @ Asharam v State of Gujarat].
The Court hearing Asaram’s application in his pending criminal appeal against the January 2023 judgment of the Gandhinagar Sessions Court, which sentenced him to life imprisonment for offences including rape.
A Division Bench of Justice Gita Gopi and Justice LS Pirzada held that there was no reason to entertain the temporary bail plea in view of the liberty already granted to him by the Supreme Court to seek relief if his health deteriorates.
"The Hon’ble Apex Court by order dated 06.08.2026, which was finally ordered, after the order of the Hon’ble High Court of Rajasthan on 03.08.2026, 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," held the Court.
Asaram was sentenced to life imprisonment by a Gandhinagar court in a rape case. The court convicted Asaram in a case registered in 2013 for raping a woman disciple from Surat repeatedly between 2001 and 2006. The girl was living at his ashram in Motera.
Asaram is also serving a life sentence in another case of raping a minor girl in Rajasthan in 2013.
Asaram’s counsel, Senior Advocate ND Nanavati, sought temporary bail from Gujarat High Court to facilitate the implementation of the Rajasthan High Court’s August 3 order granting him 20 days’ parole.
The Rajasthan High Court had ordered his release on a ₹50,000 personal bond and two sureties of ₹25,000 each in the Rajasthan rape case.
Nanavati submitted that while granting him parole, the Rajasthan High Court had taken note of Asaram’s age and prolonged incarceration.
The Rajasthan High Court had noted that he had spent 13 years, one month and 24 days in prison and had previously been released on interim bail without any reported misuse of the relief.
Nanavati argued that the Rajasthan High Court order would otherwise remain a “paper order” as Gujarat prison authorities had refused to issue an NOC. The authorities had relied on a 1995 Gujarat government circular and an earlier Gujarat High Court judgment, saying they could not grant parole or furlough while his appeal was pending before the High Court.
The Gujarat government opposed the bail plea, arguing that Asaram had not shown any independent ground warranting the Gujarat High Court’s discretionary power to grant temporary bail.
The prosecution also brought to the Court’s attention the Supreme Court’s August 6 order in proceedings arising from Asaram’s Rajasthan conviction. His interim bail plea there was based on medical grounds.
The Gujarat High Court noted that the Supreme Court had considered an AIIMS Jodhpur medical report. It had directed that the report’s recommendations be followed. The Supreme Court had also allowed Asaram to have a trained health professional of his choice provide round-the-clock care.
Additionally, the apex court had also granted him liberty to approach it again if his health deteriorated.
Taking note of these submissions, the Gujarat High Court accordingly declined to entertain the temporary bail plea. It observed that the Supreme Court had already reserved liberty for Asaram to seek appropriate relief.
Accordingly, the Court rejected the application, while clarifying that Asaram could invoke the liberty granted by the Supreme Court in its August 6 order or pursue appropriate proceedings.
Asaram’s criminal appeal against his Gujarat conviction remains pending before the High Court.
Senior Advocate ND Nanavati along with advocate Ashish M Dagli represented Asharam Babu.
Public Prosecutor Hardik Dave and Additional Public Prosecutor Manan Mehta appeared on behalf of the State of Gujarat.
[Read Order]