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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SANDIPKUMAR C.MORE, ABASAHEB D.SHINDE
Vikas @ Sadhu Gendev Hagare (Mali) – Appellant
Versus
State of Maharashtra, Through Under Secretary, Home Department – Respondent
| Table of Content |
|---|
| 1. petition seeks section 428 crpc set-off correction (Para 1 , 2 , 5) |
| 2. arguments on entitlement and writ maintainability (Para 3 , 4) |
| 3. life convicts entitled to mandatory set-off (Para 7 , 8 , 9) |
| 4. court directs set-off grant to petitioner (Para 10) |
JUDGMENT :
SANDIPKUMAR C. MORE, J.
1. Rule. Rule made returnable forthwith. Heard finally at the admission stage with the consent of the learned counsel for the petitioner as well as the learned APP for the respondent–State.
2. By way of this writ petition, the petitioner seeks a direction to the Additional Sessions Judge, Osmanabad, to correct or modify the judgment and order dated 15/02/2012 passed in Sessions Case No. 8 of 2012, to the extent of granting him set-off under Section 428 of the Cr.P.C. for the period of imprisonment already undergone by him from the date of his arrest till the decision of the aforesaid case.
3. The learned counsel for the petitioner submits that the learned Additional Sessions Judge, Osmanabad, convicted the petitioner, who is the original accused No. 1 in Sessions Case No. 8 of 2011, for offences punishable under Sections 302 and 323 of the IPC. However, while awarding the sentence, thoug
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....
Set-off under Section 428 Cr.PC must account for under-trial periods regardless of prior court omission.
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.
Mandatory set-off under Section 428 Cr.PC for under-trial detention against life imprisonment, even if not expressly granted by trial court.
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 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.
A convicted prisoner cannot claim set-off for remand periods in subsequent cases while serving a sentence.
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