SUKHDEV SINGH KAHLON Vs. CBI, CHANDIGARH

JUDGEMENT

(1.) SUKHDEV Singh Kahlon filed a petition before the learned Special Judge, Chandigarh seeking set off in respect of the period spent by him in custody in RC 25/86-SPE for the purposes of the sentence awarded to him in RC 26/86-SPE.

(2.) THE petitioner had earlier been convicted by the trial Court. In appeal before this Court the conviction was upheld but sentence was reduced to imprisonment for a period of one year. The petitioner filed a special leave petition before the Hon'ble Supreme Court of India, which was dismissed on November 22, 2001 - conviction and sentence were upheld. In terms of the directions of the Hon'ble Supreme Court, the petitioner surrendered and was taken into custody. He thereafter filed the petition seeking set off under Section 428 Cr.P.C. The petition was dismissed on February 15, 2002. Feeling aggrieved the petitioner has filed the instant criminal revision petition.

(3.) THE petitioner was initially arrested on November 15, 1986 and released on bail in RC-25/86-SPE on May 11, 1987 by the High Court. Thereafter, he applied for bail in RC-26/86-SPE and was released on bail on May 13, 1987 by the Special Judge, Chandigarh. The petitioner's prayer is for seeking set off in respect of the above period spent in custody from November 15, 1986 till the time he was released on bail on or about May 13, 1987. Is it available to him in terms of Section 428, Cr.P.C. ?