SC grants bail to man convicted for stone pelting after 17 yrs in Godhra train carnage

His lawyer urged the Supreme Court that his client has been in jail for the last 17 years and the only allegation against him was pelting stones at the train, India Today reported.

Solicitor General Tushar Mehta, representing the Gujarat Government, contended that pelting stones may not be a grave offence but the bail applicant prevented people from escaping the burning train and also instigated the mob, pelted stones at coaches and fire tankers and injured passengers. In this case, the allegation of pelting stones is different from normal circumstances, he added.

The Gujarat High Court had upheld the conviction of several accused in the Gujarat riots case.

The applicant had sought bail in a batch of special leave petitions, challenging the high court’s judgment.

The court was considering adjourning the case, but the counsel of the convict urged the bench to release him bail as he has been in jail for over 17 years and the only allegation against him was stone pelting.

Issuing the bail order, Chief Justice of India DY Chandrachud said, “He has undergone around 17 years he (counsel) says, 17 years now I think we can release him on bail.”

The bench noted another accused has also been released on bail on grounds of his wife’s sickness.

Solicitor General Tushar Mehta urged the court to grant the bail based on facts pertaining to the case and not ‘17 years’ as others may seek bail on the same grounds.

The court clarified that it did not grant bail on that ground, but only on the ‘facts and circumstances and the role attributed.’