JUDGMENT [ PER : A. A. KUMBHAKONI, J.]

1. Rule. Rule made returnable forthwith. The learned APP waives service of the rule. By consent of parties, taken for final disposal at the admission stage itself, since very short issue is involved in the matter.

2. This writ petition is received by this Court though the jail. The petitioner by this writ petition invokes the writ jurisdiction of this Court under Article 226 of the Constitution of India, for claiming set off, as contemplated by section 428 of Code of Criminal Procedure (hereinafter referred to as “the Code” for the sake brevity). At present the petitioner is lodged in Nashik Road Central Prison, Nashik.

3. As the petition was received through jail, we requested Mr. Nitin Pradhan, the learned counsel who was present in the Court to assist as amicus. As usual, he readily accepted our invitation and has rendered his valuable assistance to us for which we hereby record our deep appreciation. We have also heard the learned APP for the State.

4. Undisputed facts of the case are as under- .

The petitioner was arrested in connection with an offence punishable under section 302 r/w section 201 of Indian Penal Code, on 30th February, 19

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