LAWS(GJH)-1979-1-20

KALIDAS VANMALIBHAI Vs. STATE OF HARYANA

Decided On January 15, 1979
KALIDAS VANMALIBHAI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) . The claim of a convict sentenced to suffer a term of imprisonment for life for setting off the period of his pre-conviction detention during investigation enquiry and trial having been repelled by the learned Sessions Judge on taking an amazing and unprecedented view that sentence of imprisonment for life is not a sentence for a term of imprisonment within the meaning of sec. 428 of the Code of Criminal Procedure of 1973 the convict has sought redress in this Court

(2.) The relevant provision sec. 428 which provides for set off in respect of the period of pre-conviction detention undergone by the convict as an under-trial prisoner reads thus:-

(3.) We therefore allow this petition reverse the order of the learned Sessions Judge and direct that the petitioner shall be granted the benefit of set off under sec. 428 of the Code of Criminal Procedure of 1973 by giving credit for the period of detention undergone by him during the investigation enquiry and trial. Rule is made absolute. Application allowed.