The Gujarat High Court has declined to grant temporary bail to Ashumal @ Asharam S/o Thaumal Sindhi (Harpalani), who sought 20 days’ release from custody to meet his wife, Laxmidevi Harpalani, while she was undergoing treatment at Shalby Multispeciality Hospital, Naroda. The order was passed on September 30, 2026, by a Division Bench comprising Justice Gita Gopi and Justice L. S. Pirzada.
Background
The temporary bail application was filed in connection with Criminal Appeal No. 607 of 2023. The applicant relied on his wife’s medical condition and sought temporary release on humanitarian grounds.
The High Court had, on September 29, directed the local police to verify the circumstances stated in the application. The Assistant Police Commissioner, SIT/Mahila Cell, Crime Branch, Ahmedabad City, subsequently submitted a report along with medical documents and statements recorded from the treating doctors, Dr. Vivek Baxi and Dr. Roopesh Singhal.
According to the doctors’ statement, Laxmidevi Harpalani had been admitted on September 28 after experiencing breathing difficulty. She was diagnosed with decompensated heart failure and accelerated hypertension. However, the medical statement recorded that she had responded well to treatment and was then haemodynamically stable.
The doctors further stated, “Since admission, she has responded well to treatment and is currently haemodynamically stable. Provided clinical conditions allow, she will be discharged to home in the next two or three days.”
The applicant’s counsel submitted that Asharam was about 86 years old, while his wife was around 83. It was argued that, as her husband, he was concerned about her health and should be released temporarily on humanitarian grounds.
The Public Prosecutor opposed the application, relying on the medical reports. The prosecution submitted that the patient had responded to treatment and that the doctors expected her discharge within two to three days. It therefore argued that there was no immediate urgency warranting temporary bail.
The Bench considered the police verification and medical material placed before it. The report also stated that Laxmidevi was receiving treatment from two doctors, while relatives, disciples and a personal doctor were assisting her.
The Court observed,
“When the patient has responded well to the treatment and both the doctors have opined that she would be discharged within the next two to three days, we do not find any reason to allow the application of the petitioner, who is presently in Jodhpur Jail, Rajasthan.”
The Gujarat High Court declined to grant the requested 20-day temporary bail. However, the Bench clarified that Asharam could approach the Jail Superintendent, Rajasthan Jail, seeking permission to communicate with his wife through video conferencing.
The temporary bail application was accordingly disposed of.
