BALUBHAI MURADBHAI SINDHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this Petition the question arises as to whether the petitioner is entitled to set off for the period of his detention in jail from 27/08/1975 to 22/03/1977

(2.) The short facts leading to the present Petition are as under: In Criminal Case No. 113 of 1974 in the Court of Judicial Magistrate First Class Umergaon the present petitioner was accused No. 3 along with others for the offence punishable under Section 135 of the Customs Act. Subsequently it appears that the said case was transferred to the Additional Chief Judicial Magistrate Bulsar on 23/09/1978 where it was renumbered as Criminal Case No. 90 of 1978. In the said case he was convicted by order dated 4/06/1979 and sentenced to rigorous imprisonment for a period of three years and a fine of Rs. 3 0 in default rigorous imprisonment for a period of three months. The present petitioner preferred Appeal against the said order of conviction and sentence. It was Criminal Appeal No. 26 of 1979 before the Sessions Judge. Bulsar. But in the said case one Ratilal Devabhai was acquitted and therefore the complainant being dissatisfied with the order of acquittal passed in favour of said Ratilal Devabhai preferred Appeal before this Court which was numbered as Criminal Appeal No. 943 of 1979. The Appeal of the petitioner was withdrawn from Sessions Court Bulsar and was brought to the High Court and it was numbered as Criminal Appeal No. 111 of 1979 and it was heard along with the aforesaid Criminal Appeal No. 943 of 1979 by Justice A. S. Qureshi by order dated 19/07/1983 Both the appeals were dismissed But so far as the sentence of the present petitioner was concerned it was reduced from three years R.I. to two years R.I.

(3.) During the time when the case was pending the learned Magistrate passed the order that each of the accused be released on personal bond of Rs. 10 0 with one surety for the like amount and the time was granted till 9/09/1974 to furnish the bonds. Accordingly on 9/09/1974 the petitioner furnished the bail bonds.