Supreme Court grants Chaitar Vasava three-day bail on humanitarian grounds

The Supreme Court granted Chaitar Vasava three days' temporary bail to visit his critically ill step-brother. The humanitarian relief carries strict escort, speech and political-activity restrictions.

In Short

• His release requires a Rs 25,000 personal bond to jail authorities
• Police will escort him between the concerned jail and Surat
• Vasava must bear all escort and transportation expenses during release

The Supreme Court has granted three days' temporary bail to Aam Aadmi Party MLA Chaitar Vasava, who was sentenced to seven years in prison in a 2023 criminal case, to attend to his critically ill step-brother, news agency Press Trust of India reported.

A bench of Justices Vikram Nath, Sandeep Mehta and Aparesh Kumar Singh said Vasava's request deserved consideration on humanitarian grounds after examining the medical documents submitted to the court.

"The critical condition of the petitioner's step-brother constitutes a circumstance warranting indulgence," the bench said. It added that allowing Vasava to attend to his step-brother for a short period was unlikely to cause any prejudice, particularly as his release could be regulated through strict conditions.

The Supreme Court passed the order on Tuesday while hearing Vasava's challenge to an October 16 order of the Gujarat High Court. The High Court had allowed him temporary bail for one day, from 7 am to 7 pm, to visit his step-brother, who was stated to be in a critical condition and undergoing treatment at a hospital in Surat. Vasava had sought temporary bail for 30 days.

The Supreme Court noted that Vasava had been convicted and sentenced to seven years in prison. The High Court had admitted his appeal against the conviction on July 31 but rejected his application for suspension of the sentence on August 24.

Senior advocates Kapil Sibal and Shadan Farasat, representing Vasava, told the Supreme Court that the one-day interim bail granted by the High Court was "absolutely inadequate" because of his step-brother's critical condition, the distance between the jail and the hospital, and the need to arrange further treatment.

Solicitor General Tushar Mehta, appearing for the Gujarat government, opposed the request and said Vasava and his step-brother were "not on talking terms", according to PTI.

"Having considered the medical documents placed on record and the peculiar facts and circumstances of the case, we are of the considered view that the request made on behalf of the petitioner merits consideration on humanitarian grounds," the bench said.

Modifying the High Court's order, the Supreme Court directed that Vasava be released on temporary bail for three days from the date of his actual release after furnishing a personal bond of Rs 25,000 to the satisfaction of the jail authorities.

"The petitioner shall be escorted by the minimum police security from the concerned jail to Surat and back. The expenses towards police escort, transportation necessitated by the temporary release shall be borne entirely by the petitioner," the court said.

The bench barred Vasava from addressing any public gathering, taking part in political activity, interacting with the media or making any public statement during his temporary release. It directed him to surrender before the superintendent of the jail immediately after the three-day period without waiting for any further direction or notice, and disposed of the petition.

A trial court in Gujarat had on June 23 sentenced Vasava, his wife and seven others to seven years' imprisonment in a case involving the assault of forest officials and extortion. The incident took place on October 30, 2023, and an FIR was registered on November 2, 2023. Of the nine people convicted, the High Court granted bail to Vasava's wife and some others.

Vasava will, therefore, remain on temporary bail for three days under police escort to attend to his step-brother and must comply with the restrictions imposed by the Supreme Court before returning to jail.

- Ends