NAVEEN SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHOULD bail period be counted towards sentence ?

(2.) THIS petition has been moved by Naveen Sharma under Section 482 of the Code of Criminal Procedure (for brevity, the Code) read with Articles 226/227 of the Constitution of India seeking his release from the jail by counting the under trial period of his detention from 8.2.1992 to 20.10.1992 by way of set off under Section 428 of the Code towards the sentence of imprisonment undergone both actual as well as total in case FIR No. 20 dated 14.1.1991 under Sections 302/148 read with Section 149 of IPC and 25, 27 of the Arms Act, Police Station Yamuna Nagar (hereinafter to be referred as the first case').

(3.) IN the reply, it has been admitted that on appeal, vide order dated 6.1.2009, the sentence of imprisonment has been reduced to one year. The petitioner is undergoing one year rigorous imprisonment in Central Jail, Ambala in case FIR No. 20 ibid. Previously, he was admitted in the said Jail, as an under-trial prisoner on 21.1.1992 in case FIR No. 251 dated 23.5.1989 under Sections 341/323/506 IPC Police Station, City Yamuna Nagar by the order of learned Additional Chief Judicial Magistrate, Jagadhri and he was acquitted in the above said case on 20.3.1992. The petitioner is not entitled for benefit of under-trial period with effect from 8.10.1992 to 20.10.1992 as at that time, he was already on bail in case FIR No. 20 ibid.