The Supreme Court has clarified that remission of sentence or premature release of a convict shall take place as per the Policy of the State in which the crime was committed and not the State where the trial stands transferred.
The Division Bench of Justice Ajay Rastogi and Justice Vikram Nath explained that as per Section 432(7) CrPC, the expression ‘appropriate Government’ will be the concerned 'State Government' or Central Government (UTs) but there cannot be a concurrent jurisdiction of two State Governments.
In the present writ petition the convict petitioner was seeking direction to the State of Gujarat to consider his application for pre-mature release under the policy which was existing at the time of his conviction.
The petitioner along with other co-accused persons faced trial for the offence under Section 302, 376(2)(e )(g) read with Section 149 IPC committed in the State of Gujarat in 2004.
The crime was committed in Gujarat but later the case was transferred to Mumbai, Maharashtra. High Court of Gujarat dismissed his petition taking note of Section 432(7) CrPC and placing reliance on V. Sriharan @ Murugan Vs. Union of India & Ors, 2014 Latest Caselaw 99 SC on the premise that since the trial has been concluded in the State of Maharashtra, the application for pre-mature release has to be filed in the State of Maharashtra and not in the State of Gujarat.
The Court cited Jagdish v. State of Haryana, 2019 Latest Caselaw 653 SC wherein it has been settled that that the application for grant of pre-mature release will have to be considered on the basis of the policy which stood on the date of conviction.
It noted that the crime in the instant case was admittedly committed in the State of Gujarat and ordinarily, the trial was to be concluded in the same State and in terms of Section 432(7) CrPC, the appropriate Government in the ordinary course would be the State of Gujarat but the instant case was transferred in exceptional circumstances by this Court for limited purpose for trial and disposal to the neighbouring State (State of Maharashtra) but after the conclusion of trial and the prisoner being convicted, stood transferred to the State where the crime was committed remain the appropriate Government for the purpose of Section 432(7) CrPC.
In this view, the Court concluded that the State of Gujarat is the appropriate Government competent to examine the application filed for pre-mature release.
The impugned High Court judgement was accordingly set aside.
Case Title: RADHESHYAM BHAGWANDAS SHAH @ LALA VAKIL vs STATE OF GUJARAT & ANR.
Case Details: WRIT PETITION(CRL.) NO(S). 135 OF 2022
Coram: Justice Ajay Rastogi and Justice Vikram Nath
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