1. S.428 of the Criminal Procedure Code, 1973, under which these petitions have been filed and which is of critical importance here provides:

"Where an accused person has, on conviction, been sentenced to imprisonment for a term, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set-off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction

shall be restricted to the remainder, if any of the term of imprisonment imposed on him."'

This is a new provision. It allows set-off of periods of detention against terms of imprisonment covered by sentences. The sentences should be in force on the date of set-off. The mere fact of pendency of an appeal or proceeding in revision from the conviction and sentence would not by itself stop operation of the sentence. Unless the sentence is suspended or the accused is let out on bail by the appellate or revisional court the conviction and sentence appealed from or sought to be revised would continue to operate. Therefore set-off can be made under