RADHESHYAM BHAGWANDAS SHAH @ LALA VAKIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed by the convict petitioner seeking direction in the nature of Mandamus to the State of Gujarat to consider his application for pre-mature release under the policy dtd. 9/7/1992 which was existing at the time of his conviction.

(2.) The petitioner along with other co-accused persons faced trial for the offence under Sec. 302, 376(2)(e )(g) read with Sec. 149 IPC committed in the State of Gujarat in 2004.

(3.) Indisputedly, the crime was committed in the State of Gujarat but this Court in Transfer Petition(Crl.) No. 192 of 2004, in the peculiar facts and circumstances of the case, considered it appropriate to transfer Sessions Case No. 161 of 2004 pending before the learned Additional Sessions Judge, Dahod/Ahmedabad to the competent Court in Mumbai for trial and disposal by an Order dtd. 6/8/2004.