A convicted prisoner cannot claim set-off for remand periods in subsequent cases while serving a sentence.

1. The petitioner is in custody in Central Jail Bilaspur consequent to his conviction in different cases. By this application under S.482 of Code of Criminal Procedure , 1973, he seeks release from custody on the ground that if proper calculation is made then he has served out his sentences and / or there is no case in which he can be retained or detained in custody.

2. The imperative facts necessary to find out whether petitioner is entitled for relief claimed in this application are as under : -
2.1 The petitioner was arrested on 18-12-2011 in connection with four criminal cases (three criminal cases registered in Police Station Civil Lines, Bilaspur and one criminal case registered in Police Station Balod). The details of the four criminal cases are as under (for sake of convenience) I refer the four cases as the first case, second case, third case, fourth case : -
2.2 First Case : Criminal Case No. 252/2011 for offence under S.379 of IPC wherein the petitioner was sentenced on 2-1-2012 for one year imprisonment and he was in jail during the course of trial.
2.3 Second Case : Criminal Case No. 1873/2011 for offence under S.379 of IPC wherein the petitioner was sentenced on 12-3-2012 for one year imprisonment and he was in jail during the course of trial.
2.4 Third Case : Criminal Case No. 301/2012 for offence under S.379 of IPC wherein the petitioner was sentenced on 10-10-2012 for ten months imprisonment and he was in jail during the course of trial.
2.5 Fourth Case : Criminal Case No. 334/2012 for offence under S.379 of IPC wherein the petitioner was sentenced on 28-2-2013 for one year, two months and ten days imprisonment and he was in jail during the course of trial.
2.6 In the fourth case against the conviction and sentence the petitioner preferred criminal revision No. 210/2014 (Tulsi Sarthi v. State of Chhattisgarh) and also filed an application for suspension of sentence. This Court by order dated 10-10-2014 observed that the applicant was in jail throughout the period of trial and he has been sentenced to the period already undergone during trial and application for suspension of sentence was rejected.
2.7 Thereafter, the petitioner has preferred this petition under S.482 of the Code of Criminal Procedure , 1973 stating inter alia that he is in jail since 18-12-2011 and has served out and completed all the jail sentences awarded in all four cases, but still he is in custody and he has not been released, and on the information was sought, the Superintendent of jail by memo dated 5-7-2014 has informed that he is serving sentence in fourth case (Criminal Case No. 334/2012). It is further case of the petitioner that he is illegally detained / confined by the respondent Nos. 2 and 3 without any authority of law and as such he be directed to be released and suitable action be taken against the respondent Nos. 2 and 3, in addition to granting compensation to the petitioner for illegal detention.
2.8 The respondent / State has filed his counter affidavit stating inter alia that in the first case, he was convicted on 2-1-2012 and petitioner was in jail since 18-12-2011 therefore, after remission of one month and twenty six days the sentence lasted on 21-10-2012 and in the second case after remission of one month and twenty seven days and deducting judicial custody of fifteen days, the sentence stood completed on 9-8-2013 and in the third case after remission of two months and five days and deducting judicial custody of fifteen days, the said sentence would stand completed on 20-3-2014 and in the fourth case after deducting judicial custody of fifteen days, the said sentence would complete on 15-6-2015 and he will be released