BASU ALIAS BASANTSINGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this revision, filed u/s 397 read with Section 401 of the Cr. P. C, the applicant Basu has challenged the order dated 12. 7. 2007. By the impugned order, learned Judge of the Sessions Court, Ujjain has in Criminal appeal No. 236/2007 held that the benefit is not available to the applicant u/s 428 of the Cr. P. C. seeking set off since he was incarcerated in jail for other offence than the offence impugned in Appeal 236/07 and since it was contrary to the provisions made u/s 428 of the Cr. P. C.

(2.) COUNSEL for the applicant has stated that such an interpretation of s. 428 of the Cr. P. C. is contrary to the provisions of law, since if the fact of the case concerned are considered, it would be found that the applicant is entitled to the set off and the entire period of imprisonment ordered by the Trial Court for offence u/s 5/14 of the M. P. State Security Act amounting to one year rigorous imprisonment and fine of Rs. 500/- have already been undergone by the accused applicant.

(3.) CONSIDERING the above submissions, I find that the singular question that arises for adjudication in the present revision is whether the impugned order rejecting the application of the applicant for set off is in accordance with S. 428 of the Cr. P. C?