BIRU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The sole prayer made in this petition for habeas -corpus received through jail is that this Court should issue an appropriate direction to the concerned authority to allow the petitioner the benefit of section 428 of the Code of Criminal Procedure and set off the entire period of his pre -conviction detention against the term of sentenced actually imposed upon him and which the petitioner is presently serving out.

(2.) The petitioner claims that he was arrested on 4.7.1980 in connection with the investigation of a case registered under sections 376/452/456/109/34 IPG with Police Station Saddar Mandi Vide First Information Report No. 147 of 1980. He remained in police custody up to 9.7.1980 whereafter he was remanded to judicial custody. It appears that the petitioner was involved in some other criminal case also which were pending trial at the time of his arrest.

(3.) The petitioner applied for his release on bail in the case registered vide F.I.R. No. 147 of 1980 pertaining to Police Station Saddar Mandi. That application of the petitioner was accepted and in pursuance thereof he furnished the requisite bail and surety bonds which were accepted by the Court on 29.12. 1980. The petitioner, however, was not actually released from custody even after the acceptance of his bail and surety bonds as in the mean time he had been sentenced to imprisonment in some other case,