The Code of Criminal Procedure, 1973  - Section 406

Transfer petition - Trial of the pending criminal case outside the State of Gujarat - Account of bias and a vitiated communal atmosphere - Criminal trial of the accused persons in connection with the series of bomb blasts - Supreme Court - Facts involved in the case are of a sensitive nature, cannot be denied, but that by itself cannot be a ground for transfer of the trial outside the State of Gujarat, considering the large number of witnesses to be examined to prove the case against the accused - Communally surcharged atmosphere which existed at the time of the alleged incidents, has settled down considerably and is no longer volatile - It is kept open to the Petitioners that in the event the apprehension of the petitioners regarding the communal atmosphere proved to be real during the course of the trial - Entitled to move afresh for the relief - Transfer petition disposed - No costs.

Topic(s)-Transfer petition