DAULATH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER is the mother of detenu-Savith @ Sayeed Yusuf who is the convict in batch of cases. Habeas Corpus Petition has been filed alleging that custody of the detenu from 02.5.2009 is illegal and seeking for a direction to set him at liberty.

(2.) THE points falling for consideration are:-1. When the accused is simultaneously in custody for more than one cases and convicted in two or more cases and when undergoing substantive sentence in one case, is he eligible to invoke the benefit of set off for any period in the subsequent case?. 2. In the absence of a direction that the sentence of imprisonment in different cases would run concurrently whether conviction in the second Group of cases will begin to run after the expiry of the conviction period in the first Group?.

(3.) CONTENTION of the prosecution is that for the second group of cases, set off period is allowable only for the period from 31.7.2005 to 20.11.2006. Specific case of the prosecution is that the convict was ineligible for set off for the period from 04.10.2007 to 08.01.2008. CONTENTION of the prosecution is that while the convict was undergoing conviction in some other cases, he is ineligible for set off in another case as remand trial prisoner.