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The Supreme Court on Thursday granted bail to one of the convicts in the Godhra train burning case in which 59 persons were charred to death inside a coach of Sabarmati Express on February 27, 2002.
A bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha noted that the convict, Faruq, who was sentenced to life imprisonment, had spent 17 years in jail and his role was that of a “stone pelter”.
“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,” the bench said in its order.
Opposing the convict’s plea for bail, Solicitor General Tushar Mehta, appearing for Gujarat, said his act was not merely of “stone pelting” and that it prevented people from escaping the burning coach.
Terming it “one of the most heinous offences”, the SG 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.”
In March this year, the court had granted six-month interim bail to another convict in the case, taking note of his plea that his wife was suffering from terminal cancer and there was no one to look after his daughters who were mentally challenged. Later, the court extended the period of interim bail until March 31, 2023 on the same terms and conditions.
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