Just over two weeks after 11 convicts in the Bilkis Bano gangrape case surrendered at the Godhra sub-jail on January 21 as mandated by the Supreme Court, one of them, Pradip Modhiya, received a five-day parole from the Gujarat High Court following the death of his father-in-law.

Modiya had approached the High Court seeking parole for 30 days.

The prosecution submitted that when Modiya was released on parole, he reported in time before the concerned jail authority, and his jail conduct was also reported to be good.

Justice MR Mengdey after examining the death certificate and the statement of the jail officer granted Modiya parole for five days.

Justice Mengdey ordered, “In that view of the matter, the petition is partly allowed. The petitioner is ordered to be enlarged on parole leave for a period of 5 (Five) days from the date of his actual release on usual terms and conditions, including furnishing a bail bond of Rs. 5,000/- to the satisfaction of the jail authority. The petitioner shall surrender before the jail authority on or before the expiry of the parole leave.”

Notably, In August 2022, the Gujarat government had granted premature release to 11 convicts, including Modhiya, citing their 'good conduct' during imprisonment. The 11 individuals who had surrendered are Radheshyam Shah, Jaswant Nai, Govind Nai, Kesar Vohania, Baka Vohania, Raju Soni, Ramesh Chandana, Shailesh Bhatt, Bipin Joshi, Mitesh Bhatt, and Pradip Modhiya.

However, on January 8, the Supreme Court overturned this decision, criticizing the State for being "complicit" and abusing its discretion. The apex court directed the convicts, released in 2022, to return to jail within two weeks. Subsequently, they had surrendered to Godhra jail authorities on January 21. 

Appearance :

MS KHUSHBU P VYAS(7040) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3

MR SOAHAM JOSHI, APP for the Respondent(s) No. 1

Case no.: R/SPECIAL CRIMINAL APPLICATION (PAROLE LEAVE) NO. 1540 of 2024

Case Title: Pradipbhai Ramanlal Modiya Through Ashwaryaben Harsh Modiya Versus State Of Gujarat

LL Citation: 2024 LiveLaw (Guj) 9

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