The Gujarat High Court on Thursday rejected the temporary bail plea of one Faruk Mohmmad Bhana who is serving life imprisonment for his role in the Godhra train burning of 2002 [Faruk Mohmmad Bhana through Imran Faruk Bhana v. State of Gujarat & Anr.].
Bhana, who was one of the key conspirators in the 2002 Godhra train carnage that left 59 people dead, moved the Court seeking temporary bail to attend to his 95-year-old ailing father undergoing medical treatment.
Justice Sanjeev J Thaker refused him bail after noting that there are other members in his family capable of looking after his ailing father. The Court also noted that Bhana had recently been granted bail for a period of 8 days.
"The jail remarks indicate that the applicant has been convicted for an offence under Section 302 of the IPC and sentenced to undergo life imprisonment. Having considered the fact that there are other family members who can look after the father of the applicant and since the applicant has recently been granted temporary bail, no case is made out and hence the present application stands rejected accordingly", the Court said in its November 7 order.
Bhana's counsel submitted that his client is seeking temporary bail to carry out medical treatment of his 95-year-old father who is diagnosed with diastolic dysfunction and is suffering from kidney-related illness.
The counsel appearing for the State opposed Bhana's plea by contending that there are other family members who can look after Bhana's father and that Bhana had recently been granted bail for a period of 8 days.
Bhana was arrested by the Anti-Terrorist Squad (ATS) in 2016, after being on the run for 14 years. He was charged with conspiracy to burn the S-6 coach of the Sabarmati Express along with other co-conspirators.
According to the ATS officials, Bhana who was working as a corporator in Godhra had moved to Mumbai to evade his arrest.
The Godhra train burning incident had led to the communal riots in Gujarat in which around 2,000 people were killed.
Advocate Umarfaruk M Kharadi appeared for Faruk Mohmmad Bhana.
Additional Public Prosecutor Ronak Raval represented the State.
[Read Order]