JUDGMENT

Thomas, J.-A convicted prisoner undergoing sentence of imprisonment claims that he is entitled to remission of the period during which he was on bail under orders of the court. His claim was upheld by a learned Single Judge of the Punjab and Haryana High Court. But the State of Haryana is not inclined to reconcile with the decision and hence this appeal by special leave.

2. It is necessary to set out the background in which the said claim was made by the prisoner who is a respondent herein. He was an accused in a murder case along with three others. The trial Court, as per its judgment dated 5.1.1978 convicted only one of the accused, by name Balbir, of the offence under Section 302 of the Indian Penal Code, and the respondent was acquitted of the said offence read with Section 34 IPC. However, the respondent was convicted under Section 324 IPC and he was sentenced to the period of imprisonment which he had already undergone till then, (that period was 9 months and 26 days). The State preferred an appeal against the acquittal of respondent while Balbir filed an appeal against the conviction and sentence passed on him. The High Court, which heard both the appeals together, co