LAWS(CAL)-1975-9-25

ABUL AZAD IN JAIL Vs. STATE

Decided On September 29, 1975
ABUL AZAD Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is a petition from jail by one Abdul Azad who was sentenced to imprisonment for life under section 302 I.P.C. on the 10th of January, 1968. It is for setting off the period of detention undergone by him during investigation and trial in accordance with the section 428 of the Code of Criminal Procedure, 1973.

(2.) The Supreme Court in the case of B. P. Andre v. The Superintendent, Central Jail, Tihar, New Delhi and another reported in AIR 1975 SC 164 held that where the accused has been convicted and is still serving his sentence, at the date when the New Code of Criminal Procedure came into force section 428 could apply and the connected person would be entitled to claim set off in terms thereof. In another decision, Hardev Singh v. The State of Punjab reported in 1975 SC 179 the Supreme Court allowed the appeal in part and at the same time held that the application was entitled to get a set off or adjustment under section 428 Cr.P.C. of the period, if any, during which he remained in jail as an under trial prisoner. Those two cases clearly decided that even in case of convictions made before the new Criminal Procedure Code came into existence the set off in terms of section 428 would be available. In the case of Suprobhat Bose v. The State reported in 1975 (2) CLJ 83 : (1975 CHN 248 (Notes) this Court held that such relief could be given by the Court on a petition from jail in the exercise of its inherent powers in appropriate cases.

(3.) In the instant case the principal question to be decided is whether the benefit of section 428 Cr. PC may be available to a person sentenced to imprisonment for life inasmuch as the section mentions set off against "term of imprisonment" imposed on a convicted person. Section 428 of the Code of Criminal Procedure, 1973 is as follows: