THIRUMALAGIRI VIJAYARAM SINGH Vs. STATE OF A P

JUDGEMENT

(1.) This is a petition to direct the respondent to give the petitioner the benefit of set-off of 944 days of remand undergone by the petitioner in SC No.31 of 1999, 32/99, 445/1998 on the file of the II Additional Sessions Judge, Ranga Reddy District, in SC No.97 of 2000 on the file of the I Additional Assistant Sessions Judge, (Crl.Appeal No.20 of 2001, on the file of the n Additional District and Sessions Judge, Ranga Reddy District), and in S.C. No.642 of 1999 on the file of the II Additional Assistant Sessions Judge, Ranga Reddy District, (Crl.Appeal No.30 of 2002, on the file of the II Additional District and Sessions Judge).

(2.) In all these cases the petitioner was convicted and sentenced to undergo sentences as per the judgments of the lower Courts. The only point raised by the learned Counsel for the petitioner is that under Section 428 Cr.PC., the remand period undergone by the petitioner in one case may be treated as remand period in other cases also. For which, he relied upon a decision reported in State of Maharashtra v. Najakat All Mubarak AH, (2001) 6 SCC 311, wherein their Lordships held in Para 18 as follows:

(3.) The learned Additional Public Prosecutor did not oppose the same in view of the fact the decision of the Apex Court on the point of remand in one case can be given set off in another case also.