Gujarat High Court Grants 7-Day Parole To Bilkis Bano Case Convict
LIVELAW NEWS NETWORK
19 Sept 2026 12:07 PM IST
The Gujarat High Court on Thursday (September 17) granted 7-day parole to Radheshyam Shah, one of the eleven convicts in the 2002 Bilkis Bano rape case. [2026 LiveLaw (Guj) 250]Shah along with 11 others was convicted and sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat in 2008. Justice Sanjeev J...
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The Gujarat High Court on Thursday (September 17) granted 7-day parole to Radheshyam Shah, one of the eleven convicts in the 2002 Bilkis Bano rape case. [2026 LiveLaw (Guj) 250]
Shah along with 11 others was convicted and sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat in 2008.
Justice Sanjeev J Thaker while partly allowing the plea for parole said:
"The petitioner is ordered to be released on parole for a period of seven days from the date of his/her actual release on his furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand) to the satisfaction of the concerned jail authority on usual terms and conditions, with a direction that the petitioner shall surrender to the jail authority on expiry of the parole leave period forthwith with a further condition that the applicant shall mark presence before the nearest police station every 3rd and 5th day from the date of release".
For context, Special Judge, Greater Mumbai in its 21.01.2008 judgment had convicted the eleven accused and sentenced them to life imprisonment for the commission of the offences of gang rape and murder of the petitioner's mother; gang rape and murder of her cousin; murder of twelve more victims including the three and a half year old daughter of the petitioner, rioting, etc. and one police personnel for deliberately recording the FIR incorrectly.
The eleven convicts including Shah were convicted for the offences punishable under Sections 143, 147, 148, 302 r/w 149 of the IPC for the murder of fourteen people; Section 376 (2)(e) & (g) for having committed gang-rape on the petitioner-victim; Section 376(2)(g) for having committed gang rape on other women.
Thereafter the Bombay High Court upheld the trial court judgment on 04.05.2017.
On 20.11.2017 the Supreme Court dismissed the Special Leave Petitions preferred by the convicts and upheld the findings rendered by the High Court, as well as the sentence awarded.
Shah moved the Gujarat High Court challenging the non-consideration of his application for premature release under Sections 433 and 433A CrPC. The High Court in 2019 held that as per Section 432 (7), the 'appropriate government' for the purpose of Sections 432 and 433 of the CrPC would be the State of Maharashtra, directing Shah to pursue remedy in Maharashtra.
Meanwhile Shah approached the Gujarat High Court seeking remission of his sentence. However, the high court turned him back on the ground of the lack of jurisdiction. It held that the appropriate government to take a decision with respect to his remission was the Maharashtra government, and not the one in Gujarat.
When matter reached the Supreme Court, the apex court in 2022 held that the remission application had to be decided by the Gujarat government as the offence took place in the state. The bench also observed that the case was transferred to Maharashtra due to 'exceptional circumstances', only for the limited purpose of the trial, allowing the Gujarat government to consider the convicts' applications for remission.
Accordingly, under the remission policy which was in force at the time of their sentencing, the convicts were released by the state government in 2022.
In 2024 Supreme Court had set aside the remission of the 11 convicts holding that State of Gujarat was not the "appropriate government" to decide the issue of remission as the trial was held in the State of Maharashtra. Since the Gujarat Government was found to be incompetent, the remission orders were held to be invalid.
Accordingly, the Supreme court directed the convicts, who were given premature release in August 2022, to surrender in prison within two weeks.
Case title: RADHESHYAM BHAGWANDAS SHAH v/s STATE OF GUJARAT & ORS
R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 12343 of 2026
Citation: 2026 LiveLaw (Guj) 250
