Godhra Train Burning Case: Gujarat High Court Grants Convict 10-Day Parole To Attend Brother-In-Law's Death Rituals

The Gujarat High Court on Tuesday (June 2) granted 10-day parole to Jabir Behra, one of the 11 persons convicted in the case concerning the burning of Sabarmati Express in Godhra in 2002. 

Notably, Behra was one of 11 individuals convicted and sentenced to death by the trial court in 2011. Against this order the convicts had moved the high court. The high court had in 2017 commuted the death penalty imposed on Behra and others, to life imprisonment. 

In the present case, Behra's counsel argued before Justice Vimal K Vyas that he had sought parole leave for 30 days on the ground of the demise of his brother-in-law. The prosecution's counsel opposed his application and produced Behra's jail record.

However the high court said, "Having considered the ground mentioned in the application and considering the fact that the applicant-convict has undergone imprisonment for more than 20 years, the present application is hereby partly allowed. The applicant-convict shall be released on parole leave for a period of Ten Days from the date of his actual release, on usual terms and conditions and on executing personal bond of Rs.5000/- with a surety of the like amount to the satisfaction of the jail authority. The applicant-convict to surrender before Jail Authority on completion of parole leave, without fail. Rule is made absolute to the aforesaid extent". 

In March 2011, the trial court convicted 31 persons, of whom 11 were sentenced to death and the remaining 20 awarded life in prison. 63 other accused were acquitted. In 2017, the Gujarat High Court commuted the death sentence of 11 to life-term and upheld the life sentence awarded to the other 20.

Meanwhile the Supreme Court is considering the criminal appeals filed by the convicts against the judgment of the Trial Court and Gujarat High Court convicting them. The Gujarat Government has also filed some separate appeals challenging the commutation of the sentence of the accused from the death penalty to life sentence by the High Court. 

Case title: JABIR BIN YAMIN BEHRA  Versus STATE OF GUJARAT & ORS.

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