BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was convicted in SC 330/2007 by Assistant Sessions Court, Vadakara on 21/07/2008. He was sentenced to rigorous imprisonment for one year and fine of Rs.1,00,000/-and in default rigorous imprisonment for six months. PETITIONER was granted set off for the period he was in remand in that case for the period from 15/06/2006 to 18/12/2006.

(2.) HE was also convicted for the same offence in SC 150/2008 by the same Court on 03/09/2008. HE was sentenced for rigorous imprisonment for one year and fine of Rs. 1,00,000/-and in default rigorous imprisonment for six months. HE was granted set off for the period from 28/06/2007 to 03/09/2008.

(3.) THOUGH the petitioner sought a direction to run the sentences in two cases concurrently, petitioner is not entitled to get such a direction. Learned counsel appearing for the petitioner than submitted that though the Assistant Sessions Judge granted set off under Section 428 of Code of Criminal Procedure the period was not calculated correctly and the entire period petitioner was in remand was not taken into consideration and he is entitled to get set off for an additional period of seven months. Question is whether petitioner is entitled to get set off for any period other than the period granted by the Assistant Sessions Court.