ABHIJIT B PATIL Vs. STATE OF GOA

JUDGEMENT

(1.) RULE . With the consent of the learned Counsel for the parties, made returnable forthwith and heard.

(2.) THE petitioner above named has been convicted for the offence punishable under Section 302 of the I.P.C. and sentenced to Life Imprisonment and directed to pay the fine of Rs.10,000/ - and in default, to undergo further imprisonment for six months. The petitioner has applied for being granted set off in respect of the period spent by him in jail prior to his conviction i.e. from 13/06/2010 to 02/05/2013. The above Petition has been submitted through jail. The cause for filing the above petition is the apprehension on the part of the petitioner that the benefit under Section 428 of the Cr.P.C. would not be given to him. The reason for the said apprehension is that in the operative part of the judgment of the Sessions Court, there is no direction to give set off to the petitioner as regards the period which he has spent in jail prior to he is being sentenced.

(3.) THE learned Counsel Shri Ryan Menezes, who has been appointed through the Legal Aid Scheme draws the attention of this Court to a Division Bench Judgment of this Court in the matter of Rajaram Kashinath Charoskar Vs. State of Maharashtra, 2008 AllMR(Cri) 3407. The issue in the said Writ Petition was to the following effect :