SANTOSH KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner, who is undergoing sentences in two cases, has filed this petition through Jail praying that he should be given benefit of S. 428, Cr. P.C. in respect of the sentences imposed upon him two cases, namely, in F.I.R. No. 617/80 u/s 61-1-14, Punjab Excise Act and F.I.R. No. 459/86 u/s 394 read with S. 34, Indian Penal Code ,

(2.) The facts of the case, in brief, are that the petitioner was taken into custody as undertrial prisoner in both the said cases only on 25/26.11.1986, and he was awarded sentence of 1 year's R.I. and a fine of Rs. 1,000.00 and in default, to undergo 6 months further R.I. in the first case and this judgment was delivered on 26.4.1988 and he was sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 500.00 and in default, to undergo 2 months simple imprisonment for an offence punishable u/s 394 r.w.S. 34, Indian Penal Code . vide judgment dt. 11.5.1989. The petitioner prays that the period spent by him as undertrial be taken into consideration and adjusted and set off in respect of both these sentences.

(3.) Section 428, Cr. P.C. reads :