Temporary Bail for Seven Days Allowed to Chaitarbhai Damjibhai Vasava to Participate in 9th Session of 15th Gujarat Legislative Assembly; Restrictions Imposed on Movement and Public Interaction
In a significant interim order dated September 7, 2026, the Gujarat High Court granted temporary bail to Chaitarbhai Damjibhai Vasava, a sitting Member of the Legislative Assembly (MLA) and convict, allowing him to attend the 9th Assembly Session of the 15th Gujarat Legislative Assembly. The session is scheduled from September 8 to 10, 2026. The order was passed by Justice Vimal K. Vyas after considering the applicant's position as an MLA, his ongoing judicial custody since June 2026, and official communication inviting him to participate in the session.
Chaitarbhai Vasava had been convicted and sentenced by the Additional Sessions Judge, Narmada at Rajpipla, on June 23, 2026, in Sessions Case Nos. 6 and 5 of 2025. The charges against him included various serious offences under multiple sections of the Indian Penal Code such as rioting, assault on public servants, criminal intimidation, and offences related to arms possession under Section 25(1-a) of the Arms Act.
Despite the conviction and the rejection of his earlier application for suspension of sentence under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant filed for temporary bail to fulfill his legislative duties. The Gujarat Legislative Assembly had officially communicated to the jail authorities regarding his summons to attend the Assembly session and to address starred questions during the session.
The Public Prosecutor opposed the bail on grounds that a convicted person is not entitled to bail as a matter of right to attend Assembly sessions, citing the Supreme Court judgment in K. Ananda Nambiar and R. Umanath v. Chief Secretary to the Govt. of Madras (AIR 1966 SC 657). However, the Court balanced the applicant's legislative role and the nature of the request with the seriousness of offences committed.
The Court granted temporary bail for a limited period of seven days instead of the requested fifteen, imposing strict conditions. During the bail period, the applicant is prohibited from leaving Gandhinagar city, addressing any public gathering, or interacting with the media. The Court also mandated that he surrender to jail authorities immediately upon completion of the bail period, clarifying that no further extension would be entertained.
This order reflects the judiciary's acknowledgment of the importance of legislative functions even for convicted representatives, while simultaneously safeguarding public interest and law and order by imposing stringent conditions.
Bottom Line:
Temporary bail for sitting MLA to attend Assembly Session - Granted by imposing conditions, considering the applicant-convict's judicial custody and invitation to Assembly Session.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 430, Indian Penal Code Sections 143, 147, 148, 149, 189, 332, 353, 386, 294(b), 506(2), 201, 34, Arms Act Section 25(1-a)
Chaitarbhai Damjibhai Vasava v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2975936
