This is a petition for habeas corpus which involves computation of the period of detention required to be set off under section 428 of the Code of Criminal Procedure, for short "the Code", when an accused is convicted in more than one case and the periods of detention during the investi­gation, inquiry and trial of one case overlaps the other.

2. The petitioner was arrested on 6.9.80 in connection with G. R. Case No. 456/80. While in such detention as an Under Trial Prisoner he was formally arrested at different times in other cases, including G. R. Case No. 496 of 1980. In the last case, he was formally put under arrest on 22.9.80, though he was already in detention in connection with G. R. Case No. 456/80. On 12.1.1981 he was convicted in G. R. Case No. 496 of 1980 under section 380 I. P. C. and sentenced to suffer R.I. for 10 months and a fine of Rs. 200/-, in default, to suffer simple imprisonment for 20 days and further sentenced to R. I. for 2 months said to be under section 75 I. P. C. At the time of awarding the sentences the learned Magistrate allowed "set off" from 22.9.80, (the date on which he was formally arrested in the said case) till 12.1.81 (the date of