Supreme Court grants bail to convict in Godhra train coach burning case

The Supreme Court on Thursday granted bail to a convict serving life imprisonment in the 2002 Godhra train coach burning case noting that he has been in jail for the last 17 yearsA bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submission of a lawyer appearing for one of the convicts Faruk that he be granted bail considering the period undergone till nowSolicitor General Tushar Mehta appearing for the Gujarat government termed the offence as the most heinous in which 59 people including women and children were burnt alive and sought hearing of the appeals of the convicts at the earliestThe top law officer opposed the bail plea and said usually stone pelting is an offence of minor nature however in the instant case the train coach was bolted and stones were pelted to ensure that passengers cannot come out Moreover stones were thrown at fire tenders also he addedHe the convict seeking bail instigated others and pelted stones and injured the passengers Under normal circumstances pelting of stones may be a lesser offence But this is different he saidIn the facts of the case the application of bail made by Faruk is granted The applicant was convicted of offences punishable under Section 302 murder of the IPC and sentenced to suffer imprisonment for lifeAlso read Bilkis Bano case Justice Bela Trivedi recuses from hearing plea against premature release of 11 convictsThe High Court had dismissed his appeal on October 9 2017 The applicant has sought bail on the ground that he has been in custody since 2004 and has undergone imprisonment for about 17 years In view of the facts and circumstances of the case and the role attributed to the applicant we direct the applicant to be granted bail subject to such terms and conditions as may be imposed by the sessions trial court the bench said in its orderThe appeals against the conviction of several convicts are pending adjudication in the apex courtMehta said the appeals were ripe for the final hearing and now they can be listed The CJI then suggested the law officer to provide the details such as that of the cases to be heard and assured that he will examine the detailsFaruk along with several others was convicted for pelting stones at the coach of the Sabarmati Express On February 27 2002 59 people were killed when the S6 coach of Sabarmati Express was burnt at Godhra triggering riots in the stateEarlier the Gujarat government had opposed in the apex court the bail pleas of some convicts in the case saying they were not mere stonepelters and their acts prevented people from escaping the burning coachThe apex court while asking the state to specify the individual roles of the convicts had observed that bail pleas of those who were accused of stone pelting could be considered as they have already spent 1718 years in jailIn its October 2017 judgement the high court had commuted to life imprisonment the death sentence awarded to 11 convicts in the Godhra train burning caseIt had upheld the life sentence awarded to 20 other convicts in the caseOn November 11 the apex court had extended the period of interim bail granted to one of the convicts until March 31 2023 It had noted that on May 13 the top court had granted him interim bail for six months on the ground that his wife was suffering from terminal stage cancer and his daughters were differentlyabledIn its November 11 order the bench had noted that having due regard to the situation which continues to subsist we extend the period of interim bail until March 31 2023 on the same terms and conditionsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever