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DIPANKAR DATTA, MANMOHAN
Superintendent of Prison – Appellant
Versus
Venkatesan @ Senu @ Srinivasan @ Baskaran @ Radio @ Prakasam – Respondent
JUDGMENT :
CRIMINAL APPEAL NO. 1371 OF 2025
1. The Superintendent of Prison, Central Prison - 1, Puzhal, Chennai, Tamil Nadu and the Inspector of Police, Q Branch, CID Police Station, Perambalur District, Tamil Nadu,1[appellants] are in appeal against the judgment and order dated 11.09.2020 of a learned Judge of the High Court of Judicature at Madras. By reason of the impugned order, a petition of the respondent,2[Venkatesan] under Section 482 of the Code of Criminal Procedure, 1973,3[Cr. PC] succeeded. In such petition, Venkatesan had sought that the remand period from (i) 24.03.2005 to 28.02.2006; (ii) 22.04.2008 to 22.04.2009 and (iii) 21.04.2014 to 23.12.2014 as undertrial prisoner produced under P.T. (Prisoner Transit) warrant in S.C. No.2 of 2002, under Section 428 of the Cr. PC., be set-off.
2. Venkatesan belongs to Tamil Nadu Liberation Army, an organisation banned by the Government of Tamil Nadu. With the objective of liberating Tamil Nadu from the Union of India, Venkatesan resorted to violent activities and through armed struggle has been involved in several incidents of crime. Upon full-fledged trial, Venkatesan has been found guilty in Crime No.346 of 1993, S.C. No.12 of
Section 428 of the Code of Criminal Procedure only allows set-off for detention periods directly related to the same case, and not for periods related to other cases.
Section 427 provides that when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonme....
The entitlement of set off for concurrent sentences and the period of detention undergone by the convict during investigation, enquiry, or trial of the same case.
A convicted prisoner cannot claim set-off for remand periods in subsequent cases while serving a sentence.
High Court under Article 226 can direct mandatory set-off of undertrial detention under Section 428 Cr.P.C. for life convicts, even if omitted by trial court, as it is non-discretionary statutory rig....
The main legal point established in the judgment is that the pre-conviction period of detention, even if in the nature of 'simple imprisonment', is liable to be set-off against a sentence of 'rigorou....
The High Court has the authority to direct sentences from separate convictions to run concurrently under Section 427 of the Code of Criminal Procedure, ensuring fair treatment in sentencing.
Defiance of Parole order – When a sentence of imprisonment for a term is passed under the Code on an escaped convict, Section 426(2)(a) Cr.P.C., is applicable and Court has to take note of explicit p....
Petitioner is not entitled for the relief as contended in the petition to make the sentence as concurrent instead of consecutive and there is an explicit proviso under Section 426 of Cr.P.C., with re....
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