IA ORDER

(PER : HONOURABLE MS. JUSTICE GITA GOPI)

1. The applicant has made a prayer to grant temporary bail for a period of 20 days submitting that he has been convicted by the judgment and order dated 31.01.2023 passed by the learned Sessions Judge, Gandhinagar in Sessions Case No.34 of 2014. The sentence imposed upon the applicant is as under:-

2. The applicant, aggrieved by the judgment of conviction, has filed Criminal Appeal No.607 of 2023 before this Court and is pending for final hearing.

3. Learned Senior Advocate Mr.N.D. Nanavati appearing with learned advocate Mr.A.M. Dagli for the applicant submitted that the prayer has been made for temporary bail primarily on the ground that the applicant has been granted relief by the Hon’ble High Court of Judicature for Rajasthan at Jodhpur by an order dated 03.08.2026 passed in D.B. Civil Writ Petition No.14497 of 2026. The order granting first parole for 20 days upon furnishing personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the Superintendent, Central Jail, Jodhpur on the usual terms and conditions, would become redundant and the order so granted, would remain a paper order, if the present application is not considered.

4. Learned Senior Advocate Mr.Nanavati submitted that the Hon’ble High Court of Rajasthan has observed in para (3) of the order that, during the period undergone of 13 years, 1 month and 24 days of incarceration, earlier when the applicant was released on interim bail, there is no case of misuse of bail on his part, nor there has been any instance of him causing danger to the society or to any witnesses. Thus, learned Senior Advocate Mr.Nanavati submitted that the Hon’ble High Court of Rajasthan has rightly observed that the apprehensions are misleading and figment of the imagination without any basis.

5. Reference has been made of the earlier orders, which are as per the following details:-

6. Learned Senior Advocate Mr.Nanavati submitted that after the order of the Hon’ble High Court of Rajasthan dated 03.08.2026, an application was moved on 11.08.2026 to the Inspector General of Police, Office of Prison & Correctional Administration, Gujarat State, Ahmedabad to grant first furlough leave and to issue order/N.O.C. in response to the letter issued by the Superintendent, Central Jail, Jodhpur (Rajasthan). Learned Senior Advocate Mr.Nanavati, referring to the reply of the Deputy Inspector General of Police, Office of Prison & Correctional Administration, Gujarat State, Ahmedabad dated 18.08.2026, submitted that the prayer was refused.

7. The contents of the reply dated 18.08.2026 to the applicant becomes relevant and are reproduced hereinbelow:-

“Apropos the subject cited above, it is to state that the prisoner Asharam alias Ashumal alias Asharam bapu Thevardas Sindhi has been sentenced to life imprisonment by Hon. Add. Session Court, Gandhinagar - Gujarat on dated 31/01/2023 in connection with an offence under I.P.C Section 376(2)(g), 377, 354, 342, 357 and 506(2) in Sessions Case No. 34/2014 (218/2013). An appeal has been filed in the Honb'le Gujarat High Court against this sentence by Criminal appeal no. 607/2023, which is currently pending.Moreover, the convict has been sentenced to life imprisonment by Hon special Court POCSO, Rajasthan on dated 25/04/2018 in connection with an offence under I.P.C Section 370(4), 342, 506, 376-D, 376(2)(f), 120(B) and Section 23 of The Juvenile Justice (Care and Protection of Children) Act, 2000 in Sessions Case No. 116/2016. An appeal has been filed in the Honb'le Rajasthan High Court against this sentence by Criminal appeal no.123/2018, which is also currently pending.

The said convict has submitted his first fu