The Supreme Court in the case Abdul Raheman Dhantiya @ Kankatto @ Jamburo vs State of Gujarat observed and has granted bail to a convict named Farook who is sentenced to life in the Godhra carnage case, while considering the fact that the convict has undergone 17 years sentence and that his role was of stone-pelting at the train.
The bench comprising of Chief Justice of India DY Chandrachud and Justice PS Narasimha observed and has passed an order in an interlocutory application file by him which is pending in the Supreme Court.
However, the bench headed by CJI DY Chandrachud narrated the bail order and stated, while considering the facts and circumstances of the case, the bail application made by Faruk, accused no. 4, is granted. Thus, the applicant is convicted of the offences punishable under Section 302 of the Indian Penal Code, 1860 and the same is sentenced to suffer imprisonment for life. On October 9, 2017, his appeal was dismissed by the High Court. Further, the applicant has sought bail on the ground that since 2004 he has been in custody and has undergone imprisonment for about 17 years. In the view of this court the role attributed to the applicant, the court directed that the applicant to be granted bail subject to such terms and conditions as may be imposed by the Sessions Court.
Tushar Menta, the Solicitor General of India appearing for the State of Gujarat informed the bench that the case was not “mere stonepelting” by the convicts, as the acts of the convicts have prevented people from escaping the burning train coach.
It has been stated by him, he also instigated the others, pelted stones and injured the passengers as under the normal circumstances, pelting of stones may be a less grave of an offence. But this being different.
It has also been sought by SG Mehta for final hearing in the cases.
Adding to it, he stated that this being one of the most heinous offences. 59 peoples are being burnt alive by halting of the door of bogey. Thus, the matter is being ripe for final hearing. However, now your lordships are having special benches for timed hearings as well. The same can be listed as one of the matters.
The bench headed by CJI Chandrachud stated that, you can do, Mr. SG, you can also ask your junior to prepare a little statement of the appeals of the groups and should be give to the registrar, Mr Puneet Sehgal. I will be examining it and will place it appropriately.
In the present case, the court has granted interim bail on 13.05.2022 to one of the convicts, Abdul Raheman Dhantiya @ Kankatto @Jamburo, for six months on the ground that his wife was suffering from terminal cancer and that his daughters were mentally being challenged. Therefore, the court has extended his bail on 11.11.2022 to 31.03.2023.
On February 27, 2002, the crime took place wherein resulting in the killing of 58 persons in a fire inside the S-6 coach of Sabarmati express which was carrying kar sevaks from Ayodhya. Further, the Godhra carnage triggered communal riots in Gujarat.
Therefore, the Trial Court had convicted 31 persons, of whom 11 were sentenced to death and the remaining 20 were awarded life in prison. 63 other accused were acquitted in March 2011. The Gujarat High Court commuted the death sentence of 11 persons to life-term and upheld the life sentence which is being awarded to the other 20 in 2017. However, the appeals which are filed by the convicts since 2018 in the Supreme Court are pending.
