The Gujarat High Court on September 8, 2026, rejected a plea seeking 20 days of temporary bail filed by Ashumal @ Asharam S/o Thaumal Sindhi (Harpalani). The Division Bench noted that the Supreme Court had already granted him liberty to approach it if his health deteriorated.
Background of the Case
The application was filed in Criminal Miscellaneous Application (For Temporary Bail) No. 2 of 2026, arising from Criminal Appeal No. 607 of 2023. The appeal challenges the conviction and sentence imposed by the Sessions Court, Gandhinagar, in Sessions Case No. 34 of 2014 and remains pending before the High Court.
The applicant relied on an August 3, 2026 order of the Rajasthan High Court, which had granted him 20 days’ parole. His counsel argued that the order could not effectively be implemented because the Gujarat prison authorities had declined to issue the required No-Objection Certificate.
The State, however, opposed the plea and submitted that no independent ground had been shown for exercising the High Court’s discretionary power to grant temporary bail.
Court’s Observation
The Bench of Justice Gita Gopi and Justice L. S. Pirzada examined the earlier proceedings, including the Supreme Court’s order dated August 6, 2026. The Supreme Court had considered a health-related request and directed that the medical advice concerning the applicant’s care be followed, while allowing him to approach it again if his health deteriorated.
The Gujarat High Court also noted that the Rajasthan High Court’s August 3 order appeared to have been passed without reference to the Supreme Court’s earlier July 21 order.
“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.”
Decision
The Gujarat High Court held that, in view of the liberty already reserved by the Supreme Court, it was not inclined to entertain the temporary bail application.
The Court accordingly rejected the application.
