2002 Sabarmati Express Burning Case: Gujarat High Court Rejects Temporary Bail Of Convict For Father's Treatment

The Gujarat High Court on Thursday (November 7) rejected the temporary bail plea moved by a man–convicted in the 2002 Sabarmati Express train burning case, sought for carrying out the medical treatment of his 95-year-old father. 

The court passed the order after noting that the there were other family members present who could look after the man's father. 

After perusing through the jail remarks and hearing the parties a single judge bench of Justice Sanjeev J Thaker in its order said, "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".  

During the hearing the applicant's father said that temporary bail was being sought for carrying out medical treatment of father of the applicant, who is aged about 95 years, is diagnosed with diastolic dysfunction and is suffering from kidney related illness. 

Meanwhile the Additional Public Prosecutor appearing for the State opposed the bail plea, contending that there are other family members of the man who could look after his father. He further opposed the temporary bail on the ground that the applicant had recently been released on May 1 for eight days. 

The applicant had been convicted and sentenced to life imprisonment in the matter by the trial court. 

Case title: FARUK MOHMMAD BHANA THROUGH IMRAN FARUK BHANA v/s STATE OF GUJARAT & ANR.

LL Citation: 2024 LiveLaw (Guj) 169

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