Case Note & Summary
The petition was filed by the convict petitioner seeking a direction for premature release under the policy dated 9th July 1992, applicable at the time of his conviction. The petitioner, along with co-accused, faced trial for serious offences under the Indian Penal Code committed in Gujarat in 2004. The trial was transferred to Maharashtra, where the petitioner was convicted and sentenced to life imprisonment on 21st January 2008. A co-accused had previously sought premature release, which was denied by the Bombay High Court, stating that the appropriate jurisdiction lay with Gujarat. The petitioner subsequently filed for premature release in Gujarat but was denied based on the conclusion of the trial in Maharashtra, referencing Section 432(7) of the Code of Criminal Procedure. The Supreme Court analyzed the jurisdictional issues and determined that the appropriate government for considering the application was Gujarat, as the crime occurred there. The court emphasized that the policy in effect at the time of conviction should govern the decision on premature release. Ultimately, the court allowed the petition, set aside the previous judgment, and directed the respondents to consider the application for premature release in accordance with the Gujarat policy within two months, allowing for further legal recourse if necessary.
Headnote
A) Criminal Procedure - Premature Release - Appropriate Government - Code of Criminal Procedure, 1973, Section 432(7) - The court held that the appropriate government for considering premature release is the state where the crime was committed, which in this case is Gujarat, despite the trial being conducted in Maharashtra. The court directed that the petitioner's application for premature release be considered under the policy applicable at the time of conviction (Paras 11-16).
Issue of Consideration
Whether the application for premature release should be considered by the State of Gujarat or Maharashtra.
Final Decision
The Supreme Court allowed the petition, set aside the judgment dated 17th July 2019, and directed the respondents to consider the petitioner's application for premature release under the Gujarat policy within two months.
Law Points
- Premature release
- appropriate government
- trial jurisdiction
- remission policy
- Section 432(7) CrPC
