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1977 Supreme(Bom) 185

DESHMUKH, V.M.KANADE
Rafiq Abdul Rehman – Appellant
Versus
The State of Maharashtra – Respondent


Advocates appeared:
P. P. Hudlikar, Public Prosecutor, for the State.

DESHMUKH, J.:- This is an application by a convict through Jail. It raises a point of some interest relating to the real meaning and interpretation of S. 428 of the Cr. P. C. 1973,

2. The petitioner has been convicted in three different cases. One was Sessions Case No. 347 of 1962 which resulted in Me conviction under S. 302 as well as under S. 324 1 P. C. The judgment was delivered in that case on the 18th of Feb. 1963. He was sentenced to life imprisonment under S. 302 and to undergo rigorous imprisonment for one year each under two different counts under S. 324 I. P. C. The two sentences of one year each were not only to run concurrently with each other but they were both to run concurrently with life imprisonment In relation to this Sessions case he was arrested on or about Sept 1962 and was in continuous detention for the purpose of investigation, inquiry and trial of Sessions Case No. 347 of, 1962. This was till 18th Feb. 1963 when the sentence was pronounced upon him.

3. He was also convicted in two criminal eases both under and 66 (1) (b) of the Bombay Prohibition Act. In Criminal Case No. 525/P of 1962 the Presidency Magistrate of the 14th Court. Bombay, sentenced him to suf










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