Ahmedabad: The Gujarat High Court has declined to grant temporary bail to Asharam, who had sought release for 20 days on the ground that his wife was critically ill and hospitalised, after a police-verified medical report showed her condition to be stable.
A Bench of Justice Gita Gopi and Justice L.S. Pirzada, disposing of Criminal Misc. Application (for Temporary Bail) No. 3 of 2026 in R/Criminal Appeal No. 607 of 2023, had a day earlier directed the local police to verify the applicant's claim that his wife, then in Jodhpur, had been admitted to Shalby Multispeciality Hospital, Naroda.
Based on statements recorded from the treating doctors, the police report placed before the Court stated that the applicant's wife, admitted with breathing difficulty and “a known case of left ventricular dysfunction,” had been diagnosed with decompensated heart failure with accelerated hypertension, but “since admission, she has responded well to treatment and is currently haemodynamically stable,” with discharge expected “in the next two or three days.”
Counsel for the applicant submitted that the 86-year-old applicant was concerned for his 83-year-old wife and urged her release on humanitarian grounds, while the Public Prosecutor countered that her only complaint was breathing difficulty and that “there is no such urgency” given the doctors' assessment.
The Court noted that the police inquiry found the applicant's wife to be under the care of her relatives, disciples and a personal doctor at the hospital, and held that since she had “responded well to the treatment” and was expected to be discharged within two to three days, it found “no reason to allow the application.”
While declining temporary bail, the Court granted the applicant liberty to seek permission from the Jail Superintendent, Rajasthan Jail, to communicate with his wife through video conferencing, and disposed of the application.
Appearances: Mr. Ashish M. Dagli, Advocate, appeared for the petitioner. Mr. Hardik Dave, Public Prosecutor, with Mr. Manan Mehta, Additional Public Prosecutor, appeared for the respondent, State of Gujarat.
Case Title: Ashumal @ Asharam S/o Thaumal Sindhi (Harpalani) vs. State of Gujarat & Anr.
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