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.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue a direction to the respondent to implement the judgment in SPL.S.C.No.5 of 2014 (on the file of the Special Court, NIA cases at Puducherry) dated 04.02.2022 and run concurrent the petitioner''s sentence in SPL.S.C.No.5 of 2014 (on the file of the Special Court, NIA cases at Puducherry) with the petitioner''s sentence in S.C.No.7 of 2017 (on the file of the Sessions Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai) and set off the petitioner''s detention period viz from 11.03.2014 to 13.09.2017 and from 30.01.2020 to till date.)

1. This Criminal Original Petition has been filed to issue a direction to the respondent to implement the judgment in SPL.S.C.No.5 of 2014, on the file of the Special Court, NIA cases at Puducherry, dated 04.02.2022 and run concurrent the petitioner''s sentence in SPL.S.C.No.5 of 2014 with the petitioner''s sentence in S.C.No.7 of 2017, on the file of the Sessions Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai and set off the petitioner''s detention period, viz., from 11.03.2014 to 13.09.2017 and from 30.01.2020 to till date.

2. The learned counsel for the petitioner submitted that petitioner was arrested on 11.03.2014, in crime No.47 of 2014, on the file of the Othakkadai police station and remanded to judicial custody. When he was in prison, he was remanded in crime No.10 of 2014, on the file of the Nachiyarpuram police station, Sivagangai District, before the Judicial Magistrate Court, Thirupathur on 25.03.2014. Thereafter, on 09.04.2014, he was produced before the Special Court, NIA cases Puducherry and remanded to judicial custody in SPL.S.C.No.5 of 2014. The abovesaid three cases were the result of one series of acts connected together as to form the same transaction committed by six accused. Crime No.10 of 2014 was transferred to the Session Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai and taken on file in S.C.No.7 of 2017. On 30.1.2020, the Trial Court convicted petitioner and five accused for the offences under Sections 120B r/w 124A IPC, Section 15 r/w 16 (b) and Sections 18 & 20 of Unlawful Activities (Prevention) Act 1967, and sentenced him to undergo five years rigorous imprisonment under these sections. During trial in SPL.S.C.No.5 of 2014, petitioner and five others were convicted for the offences under sections 120B r/w Sections 3 and 4 of Explosive Substances Act 1908, Section 4 (a) of Explosive Substances Act 1908, Section 16 (1) (b) of Unlawful Activities (Prevention) Act 1967 and Section 6 of Explosive Substances Act, 1908 and Sections 18, 20 and 23 of Unlawful Activities (Prevention) Act 1967 and sentenced to five years rigorous imprisonment for each offences. The learned Trial Judge ordered in SPL.S.C.No.5 of 2014 that all the sentences shall run concurrently as per section 427 Cr.P.C. along with the sentence passed in S.C.No.7 of 2017, on the file of the Session Court for Exclusive Trial of Bomb Blast Cases, Poonamallee since the conspiracy in all the three cases are from the same place. The period of detention already undergone by the accused are ordered to be set off under section 428 Cr.P.C. since all the three incidents are connected to each other. It is stated that petitioner is in prison from 11.03.2014 to 13.09.2017 and from 30.01.2020 to till date. He completed more than 5 ½ years of imprisonment. His further detention is illegal. Therefore this petition.

3. In support of his submission, he produced the relevant portions of the copies of the judgment in S.C.No.7 of 2017 and SPL.S.C.No.5 of 2014. He also produced the copies of the orders in Crl.O.P.Nos.3884 of 2022, 5653 of 2022 and 20554 of 2022 to show that the co-accused had been given the benefit of set off and were released.

4. In response, the learned Government Advocate (Crl.Side) opposed this petition on the ground that in the order passed in Crl.O.P.Nos.3884 of 2022