MONIAN PILLAI Vs. STATE

JUDGEMENT

(1.) The short question to be decided in this Crl. MC is whether a person sentenced for a term of imprisonment is entitled to have the period of detention set off against the term of imprisonment, if during the said period he was undergoing detention in connection with other cases as well. The Chief Judicial Magistrate. Quilon before whom this question was raised by the petitioner answered it in the negative. The reasoning of the Chief Judicial Magistrate is that unless the period of detention is for the same case, the accused is not entitled to any such set off. The above reasoning is based on the following words in S.428 of the Code of Criminal Procedure (for short the Code):

(2.) This Criminal Miscellaneous Petition has been numbered on a petition sent up by a prisoner from Central Prison, Trivandrum. The facts, in short, are these: The petitioner was convicted by the Chief Judicial Magistrate for three counts of offences on 30-11-1985 and he was sentenced to rigorous imprisonment for different terms under each count, but the sentences were directed to run concurrently. The maximum period of sentence imposed was five years. The Sessions Court confirmed the conviction and sentence, but directed that he is entitled to set off under S.428 of the Code. In revision, this Court reduced the period of imprisonment from five years to three years. No other modification was made by this Court. Thereafter, be sent a petition to the Chief Judicial Magistrate for directing the Superintendent of Central Jail to adhere to the direction regarding set off. In that petition, he mentioned that he was taken into custody by the Police on 24-1-1984 in connection with this case. The Chief Judicial Magistrate found out that the petitioner was in detention even much earlier ia connection with other cases and that the Police took him into their custody for the purposes of investigation of the present case on 24-1-1984. Hence, the Chief Judicial Magistrate declined to accede to bis request for a direction to the Superintendent of Central Prison to set off the aforesaid period against the term of imprisonment to which he was sentenced.

(3.) The contour of the right to set off the period of detention against any term of imprisonment depends upon the construction of S.428 of the Code. Hence that Section is quoted here: