The Supreme Court on Thursday granted bail to a convict serving life imprisonment in the 2002 Godhra train coach burning case, noting that he has been in jail for the last 17 years.
A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha took note of the submission of a lawyer, appearing for one of the convicts Faruk, that he be granted bail considering the period undergone till now.
Solicitor General Tushar Mehta, appearing for the Gujarat Government, termed the offence as the “most heinous” in which 59 people, including women and children, were burnt alive and sought hearing of the appeals of the convicts at the earliest. The top law officer opposed the bail plea and said usually stone pelting is an offence of minor nature, however, in the instant case, the train coach was bolted and stones were pelted to ensure that passengers cannot come out. Moreover, stones were thrown at fire tenders also, he added.
“The High Court had dismissed his appeal on October 9, 2017. The applicant has sought bail on the ground that he has been in custody since 2004 and has undergone imprisonment for about 17 year,” the bench observed.
“ 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 (trial) court,” the bench said in its order.
The appeals against the conviction of several convicts are pending adjudication in the apex court.
Mehta said the appeals were ripe for the final hearing and now they can be listed.
The CJI then suggested the law officer provide the details such as that of the cases to be heard and assured that he will examine the details. Faruk along with several others was convicted for pelting stones at the coach of the Sabarmati Express. On February 27, 2002, 59 people were killed when the S-6 coach of Sabarmati Express was burnt at Godhra, triggering riots in the State.