Case Note & Summary
The petitioner, Ganesh Narayan Sidam, a convict serving life imprisonment for offences under Sections 302 and 364 of the Indian Penal Code, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, seeking set off of ten months and six days of imprisonment undergone by him during investigation and trial. The petitioner had been convicted by the Additional Sessions Judge, Chandrapur, in Sessions Trial No. 17/07 on 31.8.2007. The jail authorities had refused to grant the set off on the ground that the trial court's judgment and order of conviction did not mention the period of pre-conviction detention. The High Court, after hearing the parties, noted that the reply filed by the respondents admitted that the petitioner had actually undergone ten months and six days of imprisonment during investigation and trial. The Court held that under Section 428 of the Code of Criminal Procedure, 1973, an accused is entitled to set off the period of imprisonment undergone during investigation and trial against the sentence imposed. The Court further held that the mere omission by the Sessions Judge to mention the set off in the judgment does not disentitle the petitioner from claiming the benefit. Accordingly, the Court allowed the petition and directed the jail authorities to make necessary entries in the registers and grant the benefit of set off of ten months and six days to the petitioner.
Headnote
A) Criminal Procedure - Set Off - Section 428 Code of Criminal Procedure, 1973 - Entitlement to set off period of imprisonment undergone during investigation and trial - The petitioner, convicted under Sections 302 and 364 IPC and sentenced to life imprisonment, sought set off of ten months and six days undergone during investigation and trial. The jail authorities refused on the ground that the trial court's judgment did not mention the set off. The High Court held that the right to set off under Section 428 CrPC is a statutory right and does not depend on the trial court mentioning it in the judgment. The petitioner is entitled to the set off, and the jail authorities were directed to give effect to it. (Paras 4-6)
Issue of Consideration
Whether a convict is entitled to set off of the period of imprisonment undergone during investigation and trial under Section 428 of the Code of Criminal Procedure, 1973, even if the trial court's judgment and order of conviction does not mention such set off.
Final Decision
The petition is allowed. The petitioner is entitled to set off the period of ten months and six days imprisonment already undergone by him during investigation and trial. The jail authorities are directed to make necessary entries in the appropriate registers and give benefit of the said period.
Law Points
- Set off of pre-conviction detention under Section 428 CrPC is a statutory right not dependent on mention in judgment
- entitlement to set off period of imprisonment undergone during investigation and trial
