BHIMSEN Vs. STATE OF RAJASTAN

JUDGEMENT

(1.) CONVICT Bhimsen has sent this application through the Jail authority praying that the period of detention already undergone by him during the investigation and trial be given a set off against the sentence for life imprisonment awarded to him.

(2.) SECTION 428 of the New Code of Criminal Procedure has made a provision for giving a set off for a period detention already undergone by the accused during the investigation, inquiry or trial, but according to this provision this set off can be allowed only when the accused has been sentenced to an imprisonment for a term. In the present case the accused was sentenced to imprisonment for life. The Supreme Court in State of Madhya Pradesh v. Ratan Singh , has determined this question whether imprisonment for life can be treated as one for a term of 20 years. The learned Judges have observed as follows:

(3.) THE application of the convict is, therefore, rejected. He may be informed accordingly.