SANJAY MAHADEO GAJBHIYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.

(2.) By this petition, the petitioner has prayed to direct the jail authority to apply set off period granted to him under Sec. 428 of the Code of Criminal Procedure vide judgment and order dtd. 24/7/2008 passed by the learned Additional Sessions Judge, Gondia in Sessions Trial No.51/1998 under clause (5) of the operative part of said judgment while considering the request of the petitioner for remission.

(3.) The petitioner was convicted in Sessions Trial No.51/1998 for the offence punishable under Sec. 302 of the Indian Penal Code vide judgment and order dtd. 24/7/2008. When he was on bail during the pendency of Sessions Case No.51/1998, he had committed another offence punishable under Sec. 392 and 397 of the Indian Penal Code. In said offence, the petitioner was convicted and sentenced to suffer rigorous imprisonment for 2 years for the offence punishable Sec. 392 of the I.P.C. and seven years for the offence punishable under Sec. 397 of the I.P.C. The petitioner was also sentenced for life imprisonment for the offence punishable under Sec. 302 of the I.P.C. in Sessions Trial No.51/1998.