The Gujarat High Court on Friday refused to entertain a petition moved by Babubhai Patel alias Babu Bajrangi, convicted in 2002 Naroda Patiya riot case, seeking regular bail.
Bajrangi sought bail on the ground that he has lost his eyesight completely and therefore, he should be granted bail to stay with family who can take care of him.
During the argument the division bench of justices Mohinder Pal and RD Kothari inquired whether Bajrangi’s eyesight could be restored or not. His lawyer PM Lakhani said that as per the medical reports his vision can’t be restored. The bench said that in such a situation bail can’t be granted.
“It is not going to make any difference now whether he is in jail or outside. For him everything will be the same inside or outside the jail. In jail he will have more company with fellow inmates who can take care of him. If you insist we can pass an order to the jail authorities to give him attendants,” justice Pal told Lakhani.
The bench was not convinced that on the ground of loss of vision regular bail can be granted to Bajrangi. The bench said said if there is no scope of further treatment for curing the eyes bail can’t be granted. Following the argument Lakhani didn’t press to go ahead with the petition and the court ordered the petition be “dismissed as withdrawn.”
Bajrangi is at present on three months bail that is ending next month. The interim bail was given for treatment of his eyes. “We went to a hospital in Chennai where the doctors said that there is no hope. Therefore, we moved regular bail application as he needs a person round the clock. He can’t do anything without help,” his son Tarun said with teary eyes who was present in the court.
Earlier this year Bajrangi through his wife had sought mercy from Gujarat government and governor on the ground that he was going blind. However, the Special Investigation Team, that investigation the case, opined that since the case is subjudice no such plea can’t be entertained.
Bajrangi is among the 32 persons convicted in Naroda Patiya massacre in which 97 persons of minority community were killed following the Godhra train carnage incident in 2002. Apart from Bajrangi, former BJP minister Maya Kodnani and others have also been sentenced to life imprisonment.