MIRZA ASADBEG Vs. STATE OF MAHARASTHRA

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India against the non grant of the period of set -off under Section 428 of the Criminal Procedure Code (hereafter called the Code) by the Jail Authorities to the petitioner.

(2.) IN view of the Division Bench Ruling of this Court reported in Jaswantlal Harjivandas Dholakia v. State of Maharashtra (1979 Criminal Law Journal 1971), the present contention of this petitioner should stand foreclosed. But the matter has been admitted as the learned counsel for the petitioner relied upon the contrary views expressed by other High Courts reported in (1) K.C. Das v. The State 1979 Cr. L.J. 362 (Delhi)(2) Gedala Ramalu Naidu v. State Andhra Pradesh and another 1982 Cr. L.J. 2186 (A.P.) (3) Shabhu and another v. State of Utter Pradesh and another 1982 Cr. L.J. 1757 (All.)

(3.) THE present petitioner has been convicted in as many as 11 cases for the offence under section 379 I.P.C. detailed inpara 4 of this petition. In the first four cases be was convicted and sentenced to undergo various terms of imprisonment on 30.12.1982 while in rest of the seven cases be was convicted and sentenced on 30.4.1983. The sentences were to run consecutively. be was first arrested on 6.5.1982 in the Criminal Case at serial No.9 (Criminal Case No. 260 of 1983) in which be was convicted and sentenced on 30.4.1983. be was in Police Custody remand and Magisterial Custody remand since his arrest. be has already been given a set off under Section 428 from 6.5.1982 till 30.4.1983 in Criminal Case No. 260 of 1983 but his contention is that in each of the first four cases be ought to be given a set off from 6.5.1982 to 31.12.1982 and in the rest from 6.5.1982 till 30.4.1983. This prayer has been refused by the Jail Authorities and hence this petition.