JUDGMENT :

AJAY RASTOGI, J.

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 premature release under the policy dated 9th July, 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 Section 302, 376(2)(e)(g) read with Section 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 dated 6th August 2004.

4. The learned trial Court, Mumbai in Sessions Case No. 634 of 2004, after holding trial, held the petitioner guilty and convicted him for the aforestated offences and sentenced him to undergo rigorous imprisonment for life by judgment dated 21st January 2008.

5. It may be relevant to note that one of the co-accused