The Supreme Court on Thursday granted bail to a convict sentenced to life imprisonment in the Godhra carnage case, as it noted that he has undergone 17 years sentence and that his role was confined to stone-pelting at the train in 2002.
"We will grant him bail, as he has already undergone 17 years of his jail sentence," a bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said.
Solicitor General Tushar Mehta, appearing for the state of Gujarat, opposed the bail plea contending that the appellant, Farook and other convicts in the case, threw stones on the Sabarmati Express train which prevented people from escaping the burning coach.
"It is not a case of mere stone pelting," Mehta claimed.
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Farook was convicted and sentenced to life imprisonment for his role in pelting stone at the burning Sabarmati Express' S -6 Coach at Godhra in 2002.
While granting bail to Farook, the bench also noted that his appeal against the conviction and sentence is pending before this court. The court also said the applicant would be released on bail subject to terms and conditions imposed by the trial court.
Earlier, the top court had on May 13, 2022 had granted interim bail to another convict, Abdul Raheman Dhantiya alias Kankatto for six months on the ground that his wife was suffering from terminal cancer and that his daughters were mentally challenged.
The court had on November 11, 2022 extended his bail till March 31, 2023.
On February 27, 2002, 59 people were killed when S-6 coach of Sabarmati Express was burnt at Godhra, causing a massive riot in Gujarat.
In its October 2017 judgement, the Gujarat High Court had commuted the death sentence awarded to 11 convicts in the case to life term.
The court, however, had upheld the life sentence awarded to 20 other convicts in the case.
In March 2011, the trial court had convicted 31 persons. As many as 11 people were sentenced to death and 20 were awarded life term. A total of 63 accused were acquitted in the case.