Gujarat High Court Adjourns Hearing In Asaram Bapu's Temporary Bail Extension Plea

The Gujarat High Court on Wednesday (September 3) adjourned the hearing of Asaram Bapu's plea for extension of temporary bail filed in a rape case.

For context, the Rajasthan High Court had on August 27 dismissed Asaram Bapu's plea for interim bail (in a separate case) and had directed him to surrender by August 30. As per news reports, Asaram Bapu had surrender himself before the Jodhpur jail. 

During the hearing before Gujarat High Court, Asaram Bapu's counsel argued before a division bench of Justice Ilesh Vora and Justice PM Raval on the circumstances which had emerged regarding the applicant's health. 

The court at this stage orally remarked, "That's why we are telling you unnecessarily you are pressing this application. That will directly impact on your regular bail application. See the reality and you have to accept it. See the order of Rajasthan High Court. Today you are pressing on your temporary bail. Your regular bail is coming on 22nd (September). On that day you may press subsequent development with regard to your health...Extension of temporary bail would not be helpful to applicant who is already...propriety demands, we cannot examine this aspect now". 

The counsel then said that he was seeking some directions from the court to the concerned authorities and referred to Asaram Bapu's medical report. The court however orally said that in temporary bail it is difficult to give directions. 

Meanwhile senior advocate BB Naik appearing for the complainant argued that the high court cannot review Rajasthan High Court's order. 

The court then asked Asaram's counsel, "So far as your submission part is concerned, what you are emphasizing? Why are you reading the report?"

The counsel said that an RTI had been filed asking the authorities to provide the radiological reports and other documents on the basis of which medical board had formed its opinion and submitted report to Rajasthan High Court. 

The court meanwhile referred to Rajasthan High Court's order which said that if the applicant's health deteriorates as per the court order he will be admitted to the concerned hospital. 

However the counsel claimed that "no test, no radiation, nothing was done".  "This paper has come subsequently on my RTI," he said.

To this the court said, "We are not in a position to comment anything on this report now because it is stamped by the Rajasthan High Court."

The counsel however said, "My life is in danger. My problem is that I am facing...because I am Asaram Bapu. Had I been a normal citizen, I would have been in much better condition". He thereafter asked the court to summon the medical documents. 

The court said that the applicant can seek this relief in regular bail plea, as the regular bail plea was not before the court today.

"Because today in temporary bail we cannot call upon the persons. Regular bail is already posted on September 22...The wiseness is you have to simply withdraw it. Otherwise if we say something here it will impact merits of regular bail application....This application has now become infructuous," the court orally remarked. 

The counsel thereafter requested that the temporary bail extension plea may be kept on September 22 when regular bail plea is listed. 

The court thereafter in its order dictated:

"At the request of learned counsel Mr. Dharmendrakumar Mishra, list this matter on 22.09.2025"

The Gujarat High Court had in its August 19 order said, "The said report is yet to be presented before the Hon'ble High Court of Rajasthan at Jodhpur...We therefore, without expressing any opinion further deem it fit that the present matter for extension of temporary bail be kept on 03.09.2025 and till then, the temporary bail of the applicant is extended".

Case title: ASHUMAL @ ASHARAM v/s STATE OF GUJARAT & ANR.

CRIMINAL MISC.APPLICATION (FOR EXTENSION OF TEMPORARY BAIL) NO. 3 of 2025 In R/CRIMINAL APPEAL NO. 607 of 2023

Click Here To Read/Download Order