Godhra Case: Despite the objections of the Gujarat government in the 2002 Godhra carnage case. The Supreme Court approved the bail of a convict serving a life sentence. The court said that the convict has been in jail for 17 years in the case of throwing stones on the train. So he can be released on bail. During the hearing of this case, the Government of Gujarat strongly opposed the bail of the convict. At the same time, the petition of the other 17 convicts will be heard after the holidays.
During the hearing of the case, Solicitor General Tushar Mehta, appearing for the Gujarat government, opposing the bail of convict Farooq, said that it was not just a case of stone pelting but it was a heinous crime as people were not allowed to get out of the burning train. People were burnt alive by locking them in bogies.
Solicitor General Tushar Mehta argued that the intention of the stone pelters was that no one could get out of the bogie and no one from outside could go to save those people. Even during the last hearing, the Gujarat government had opposed the release of the convicts. At the same time, on the arguments of the Gujarat government, the Supreme Court said that the role of the convict was to pelt stones in the train and has already served 17 years in jail. In such a situation, he can be released on bail.
Reading the order after hearing the matter, Justice DY Chandrachud said, “The bail application filed by convict number four Farooq is allowed. The petitioner was convicted under section 302 of the IPC and sentenced to life imprisonment. The High Court dismissed his appeal on 9 October 2017. The petitioner has sought bail on the ground that he has been in custody since 2004 and has been in jail for almost 17 years. We direct the petitioner to grant the bail, subject to such terms and conditions may be imposed by the Sessions Court.”
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