Judgment

CHANDRACHUD, CJI. :- We have before us an appeal and a writ petition, which are filed by two persons sentenced to life imprisonment for the offence of murder. They contend that they are entitled to the benefit of S. 428 of the Code of Criminal Procedure, that is to say, that the period of detention undergone by them prior to their conviction as under trial prisoners must be set off against the sentence of life imprisonment imposed upon them.

2. The appellant, Bhagirath, filed a petition in the Delhi High Court asking that his case be referred for the orders of the Delhi Administration under paragraph 516-B of the Punjab Jail Manual since, though sentenced to life imprisonment, he had undergone a period of detention in jail amounting to 14 years together with the remissions earned by, him. A learned Single Judge of the High Court rejected that petition on the ground that, in computing the period of 14 years, the period spent by the convict in the jail as an under trial prisoner cannot be taken into account because, Section 428 of the Code which allows such a set off applies only when an accused has been sentenced imprisonment for a term, and the sentence of life imprisonment