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Supreme Court of India 2022-05-13 allowed

Radheshyam Bhagwandas Shah @ Lala Vakil vs State of Gujarat & Anr

Bench: 2 — Rastogi

In Brief

The petitioner, convicted of murder and rape in Gujarat in 2004, sought premature release after serving over 15 years in prison. Although the trial was transferred to Maharashtra for exceptional reasons, the High Court of Gujarat dismissed his application, treating Maharashtra as the appropriate government. The Supreme Court held that the State where the crime was committed—Gujarat—remains the appropriate government for premature release decisions, despite trial transfer. The Court distinguished the cited precedent on jurisdictional grounds and allowed the petition, directing Gujarat to reconsider his application under its 1992 policy within two months.

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Criminal Procedure Premature Release Remission Sentencing Jurisdiction

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