The period of detention undergone by an accused in other cases cannot be set off against the sentence awarded in a different case.

( 1 ) THE two petitioners, namely, Shabbu and Ranga alias Israil, are detained in the District Jail of bahraich for serving out concurrent sentences of six months R. L. under Section 325/149 I. P. C. and three months R. I. under Section 147 I. P. C. awarded to them in Sessions Trial No. 89 of 1979 of the Sessions Division of Bahraich. Their contention in this petition moved under Article 226 of the Constitution of India is that after crediting the period, during which they have remained in jail as under-trial in connection with other crimes, they have already served out the sentences awarded to them in the aforesaid Sessions Trial. Their prayer, therefore, is that a writ in the nature of habeas corpus or any other appropriate writ, order or direction be issued to the opposite parties to set them at liberty forthwith as their detention in jail is now illegal.

( 2 ) ONE Jitendra Singh lodged a first information report against the two petitioners at P. S. Kotwali bahraich on 27-8-1978. A case under Sections 149 and 323/149 I. P. C. bearing Crime No. 409 of 1978 was registered against them on the basis of that report. The said case, when sent up for trial, was registered as S. T. No. 89 of 1979. Both the petitioners surrendered themselves in court as soon as the case was registered against them. They were immediately bailed out and remained on bail till convicted by the trial court on 11-4-1980. Even after their conviction they were granted interim bail by the trial court, They filed Criminal Appeal No. 244 of 1980 in this court against their convictions. They remained on bail during the pendency of the appeal also which was ultimately dismissed on 25-9-1981 and the two sentences of six months and three months R. I. respectively awarded to them by the, trial court for offences under Sections 325/149 and 147, i. P. C. were confirmed. After the confirmation of their sentences by this court Shabbu was taken into custody on 5-11-1981 whereas Ranga surrendered himself on 7-12-198l Both of them are in jail since then.

( 3 ) BESIDES the aforesaid case, the two petitioners were also involved in three other cases, namely, crimes Nos. 562 of 1978, 528 of 1979 and 484 of 1981. They were taken into custody in connection with those cases and bailed out on different dates.

( 4 ) IN connection with Crime No. 562 of 1978, Shabbu remained in jail from 18-10-1978 to 5-12-1978 i. e. for forty-nine days whereas Ranga remained in jail for sixty-one days from 3-11-1978 to 3-1-1979. Shabbu remained is jail for fifty-nine days i. e. from 18-9-1979 to 16-11-1979 in connection with Crime No. 528 of 1979 whereas Ranga remained in jail from 11-1-1978 to 28-2-1980 i. e. for sixtyone days in connection with that case, Shabbu again remained in jail for a total period of fifteen-days in two instalments i. e. from 25-9-1981 to 6. 10,1981 and 12. 10. 1981 to 14. 10. 1981 in connection with Crime No. 484 of 1981 whereas ranga remained in jail for twenty days i. e. from 25. 9. 1981 to 14. 10. 1981 in connection with that crime. The petitioners contend that in connection with the sentences awarded to them in S. T. No. 89 of 1979 they had to remain in jail, at the most, for six months. The periods during which they remained in jail in connection with crimes Nos. 562 of 1978, 528 of 1979 and 484 of 1981, should be credited towards their sentences awarded in S. T. No. 89 of 1979 as laid down by section 428 Cr, P. C and after that set off they have already served out those sentences and should no longer be detained in jail.

( 5 ) THIS petition had earlier come up for hearing before a Bench consisting of H. N. Seth and S. S. Ahmad, JJ. Reliance was placed before their Lordships upon two Bench decisions of this court namely, Nasim v. State of U. P. 1978 All LJ 1284 decided by Hari Swarup, J. and one of us, and onkar Singh v. Police Officers, Prashashan 1979 Cri LJ 1098 decided by Hari Swarup and U. C. Srivastava, JJ. In Nasims case (supra) reliance was pla