The Supreme Court has granted bail to two convicts, Bipinchand Kanthilal Joshi and Pradeep Ramanlal Modhiya, in the Bilkis Bano gang-rape and family murder case. A bench comprising Justice M.M. Sundresh and Justice P.B. Varale issued the order on October 28, which was uploaded late Thursday night. The bail is subject to conditions set by the trial court.

Why Did the Court Grant Bail?

Both convicts have spent over 17 years in prison.

Bipinchand Joshi suffers from a severe physical disability.

The pending appeals involve complex questions of fact and law that require final adjudication.

One of the appellants was not named in the initial FIR and was arrayed as an accused nearly three years later.

While their appeals challenging the conviction remain pending before the Supreme Court, their conviction stands intact. They have challenged the ruling of the Bombay High Court.

Additional Solicitor General Rajkumar Bhaskar Thakare opposed the bail plea, emphasizing that the crime involved gang rape and that lower courts had duly considered the gravity of the offense and the evidence.

Background of the Case

2002: During the communal riots in Dahod district, Bilkis Bano, who was five months pregnant at the time, was gang-raped, and seven members of her family, including her minor daughter, were killed.

2008: A special CBI court sentenced 11 accused to life imprisonment, a verdict later upheld by the Bombay High Court.

August 2022: The Gujarat government granted premature release to all 11 convicts under its remission policy, drawing widespread criticism.

2024: The Supreme Court quashed the premature release, ruling that the Maharashtra government was the appropriate authority to consider remission and that the order directing Gujarat to consider the plea had been obtained through suppression of material facts.

What Next?

The appeals filed by both convicts against their conviction remain pending before the Supreme Court for final hearing.