Supreme Court Grants Bail To A Life Convict In Godhra Train Burning Case, Considering Completion Of 17 Yrs Sentence & Role In Crime

The Supreme Court on Thursday granted bail to a convict named Farook, sentenced to life in the Godhra carnage case, considering the fact that he has undergone 17 years sentence and that his role was of stone-pelting at the train.A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha passed the order in an interlocutory application filed by him in the appeal pending in the Supreme Court.CJI DY Chandrachud narrated the bail order and stated–"In the facts of the case, the application of bail made by Faruk, accused no. 4, is granted. The applicant was convicted of offences punishable under Section 302 IPC and sentenced to suffer imprisonment for life. The High Court dismissed his appeal on 9th October 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 Court."Solicitor General of India Tushar Mehta, appearing for the State of Gujarat, told the bench that the case was not "mere stone-pelting" by the convicts, as their acts prevented people from escaping the burning train coach. He said–"He instigated the others, pelted stones and injured the passengers. Under normal circumstances, pelting of stones may be a less grave of an offence. But this is different."SG Mehta also sought for final hearing in the cases. He added–"This is one of the most heinous offences. 59 people burnt alive by halting the door of the bogey. The matter is ripe for final hearing. Now your lordships have special benches for timed hearings as well. This can be listed as one of the matters."To this, CJI Chandrachud stated that–"Mr. SG, you can do this, you can ask your junior to prepare a little statement of the appeals of the groups and just give it to the registrar, Mr Puneet Sehgal. I will examine place it appropriately."On May 13, 2022, the Court had granted one of the convicts, Abdul Raheman Dhantiya @ Kankatto @Jamburo, interim bail for six months on the ground that his wife was suffering from terminal cancer and that his daughters were mentally challenged. On November 11, 2022, the Court extended his bail till March 31, 2023.The crime which took place on February 27, 2002, resulted in the killing of 58 persons in a fire inside the S-6 coach of Sabarmati express which was carrying kar sevaks from Ayodhya. The Godhra carnage triggered communal riots in Gujarat.In March 2011, the trial court had convicted 31 persons , of whom 11 were sentenced to death and the remaining 20 awarded life in prison. 63 other accused were acquitted. In 2017, the Gujarat High Court commuted the death sentence of 11 to life-term and upheld the life sentence awarded to the other 20. The appeals filed by the convicts in the Supreme Court are pending since 2018.Case Title : Abdul Raheman Dhantiya @ Kankatto @Jamburo vs State of Gujarat Criminal Appeal 517/2018, Abdul Sattar Ibrahim Gaddi Asla vs State of Gujarat Criminal Appeals 522-526/2018.Click Here To Read/Download Order

Supreme Court Grants Bail To A Life Convict In Godhra Train Burning Case, Considering Completion Of 17 Yrs Sentence & Role In Crime

Padmakshi Sharma

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