YASIN Vs. STATE

JUDGEMENT

(1.) The present petition under Section 482 Cr. P.C. is for setting aside an order dated October 3, 1985 of Shri Y.S. Jonwal, Metropolitan Magistrate, Delhi.

(2.) The petitioner was convicted by different courts in respect of five offences committed at different times and was sentenced to undergo rigorous imprisonment of different periods. The contention of the petitioner is that after setting off under Section 428 Cr. P.C. of the period already spent by him as under-trial, he is entitled to release. The petitioner says that he was arrested on November 7, 1984, that all the sentences of imprisonment expired on August 7, 1985 and that he is wrongly being kept in jail. He applied to the learned magistrate for his release. The learned magistrate obtained report of the Superintendent Jail according to whose calculations, the terms of imprisonment expired on 20th May, 1985. On the basis of the said report, the learned magistrate rejected the application of the petitioner and directed that he shall remain in jail for undergoing the unexpired portion of sentence.

(3.) Learned counsel for the petitioner relies upon a judgment of the Division Bench of this court in K.C. Das v. State, 1979 Crl L J. 362. It was held that the principle of Section 428 Cr. P.C. for setting off the pre-conviction detention period of an accused against the sentence applied in all cases whether the accused was convicted in one case or many and whether simultaneously or at different times. Some further observations are contained in para 13 of the judgment which reads as under :