Court Allows Video Conferencing for Husband to Communicate with Hospitalized Wife; Medical Reports Confirm Patient's Improvement and Imminent Discharge
Ahmedabad, September 30, 2026: The Gujarat High Court has refused the plea for temporary bail made by Ashumal @ Asharam, an inmate lodged in Jodhpur Jail, Rajasthan, on humanitarian grounds citing his wife's critical illness. The wife, admitted to Shalby Multispeciality Hospital, Naroda, was reported to be suffering from decompensated heart failure with accelerated hypertension. However, thorough medical verification and police inquiry revealed that she had responded well to treatment and was haemodynamically stable, with doctors expecting her discharge within two to three days.
The petition, filed as Criminal Misc. Application No. 3 of 2026 in Criminal Appeal No. 607 of 2023, was heard by a Division Bench comprising Justices Gita Gopi and L.S. Pirzada. The applicant, aged 86, sought a 20-day temporary bail to be with his 83-year-old wife during her hospitalization. The High Court, however, was guided by the medical reports and statements of treating doctors Dr. Vivek Baxi and Dr. Roopesh Singhal, which indicated no critical emergency necessitating the husband's presence.
The Assistant Police Commissioner of the SIT/Mahila Cell, Crime Branch, Ahmedabad City, conducted a detailed inquiry and submitted a comprehensive report, including blood counts, echocardiogram, X-rays, immunology, renal function, and biochemistry tests. These documents corroborated the medical opinion that the patient was stable and under adequate care by relatives, disciples, and her personal doctor at the hospital.
Highlighting the adequacy of the patient's care and the absence of a critical condition, the Court held that no compelling humanitarian ground existed to justify granting temporary bail. However, recognizing the petitioner's wish to maintain contact with his wife, the Court suggested that he may request the Jail Superintendent to facilitate video conferencing to communicate with her.
This judgment underscores the courts' balanced approach in granting bail on humanitarian grounds, ensuring that bail is not misused while respecting the emotional needs of inmates. It also reflects the judiciary's reliance on objective medical evidence and police verification in bail matters involving health emergencies.
The application for temporary bail was accordingly dismissed, with the Court disposing of the matter in accordance with the presented facts and medical assessments.
Bottom Line:
Temporary bail sought on humanitarian ground of wife's illness was refused where medical verification showed that wife had responded well to treatment, was haemodynamically stable, likely to be discharged within two to three days, and was under care of relatives, disciples and doctors; applicant was permitted to seek video conferencing facility through Jail Superintendent to communicate with wife.
Statutory provision(s): Criminal Procedure Code, 1973 - Bail.
Ashumal @ Asharam v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc Id # 2989507
