Days after surrender on SC orders, Bilkis Bano case convict out on 5-day parole

Convict Pradip Modhiya, a resident of Dahod district, has been released from Godhra district jail on parole.

Ahmedabad: Barely three weeks after surrendering at Godhra jail following Supreme Court's order, the Gujarat High Court granted five-day parole to one of the 11 convicts in Bilkis Bano gangrape case on grounds of death of his father-in-law.

The single bench of justice M R Mengdey granted five-day parole to Pradip Modiya who had sought 30 days relief citing death of his father-in-law. 

"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," justice Mengdey stated in the order passed on February 5. 

The court granted relief after prosecution tendered jail records indicating his previous releases and reporting back in time before the jail authorities. The prosecution lawyer also told the court that his jail conduct has also been reported to be good. 

During the hearing of litigations in the Supreme Court, challenging the remission of 11 convicts, including of Modiya, it was recorded that he had been granted parole for a total of 1041 days and 233 days on furlough since his conviction and sentencing to life imprisonment in 2008 in the case.

They were sentenced to life term for gangrape of Bilkis Bano and killing 14 members of her family during the 2002 post-Godhra riots by a special CBI court in Mumbai, where trial had been shifted. A major controversy had erupted after they were released from Godhra sub-jail on August 15, 2022 on remission. The remission was challenged in the apex court which quashed the order saying that Gujarat government had no jurisdiction to decide the remission. 

The court held that the state government "usurped" the power of Maharashtra government as trial was conducted there. The court also stated that the release order was "vitiated" by "fraud."

On January 21, all 11 convicts - Shailesh Bhatt, Bakabhai Vohania, Bipin Chandra Joshi, Kesarbhai Vohania, Govind Nai, Jaswant Nai, Mitesh Bhatt, Pradeep Modiya, Radheshyam Shah, Rajubhai Soni and Ramesh Chandana surrendered before the jail authority at Godhra sub-jail minutes before their deadline for surrendering was to be over.