L. Ramesh Vs. the Superintendent, Central Prison and ors.

L. Ramesh vs The Superintendent, Central Prison and ors.

Disposition Petition dismissed Court Andhra Pradesh Decided Feb 04, 1991

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Citation: sooperkanoon.com/435352
Court: Andhra Pradesh High Court
Judge: N.D. Patnaik, J.
Decided On: Feb 04, 1991
Case Number: Criminal Miscellaneous Petition No. 172 of 1991
Subject: Criminal
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal
Outcome / disposition: Petition dismissed
Acts & sections: Code of Criminal Procedure (CrPC) , 1973 - Sections 428 and 482

Parties & Advocates

Appellant / Petitioner

L. Ramesh

Advocate P. Raghava Reddy, Adv.

Respondent

The Superintendent, Central Prison and ors.

Advocate Additional Public Prosecutor

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1973 - Sections 428 and 482
Reported In: 1991(2)ALT619

Excerpt

- ordern.d. patnaik, j.1. the petitioner who is accused no. 1 m sessions case no. 74/84 on the file of the sessions judge, nalgonda was granted bail pending criminal appeal no. 267/86 which was ultimately disposed of with some modification. the petitioner was in jail during the period from 13-5-1986 to 7-11-1986 in connection with another case.2. this petition is filed to deduct that period during which he was in jail from the sentence of imprisonment awarded to him in crl. a.no. 267/86. section 428 criminal procedure code says that where an accused person has, on conviction, been sentenced to imprisonment for a term, (not being imprisonment in default of payment of fine 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 coviction, shall be set-off against the term of imprisonment imposed on him on such conviction.3. in this case, since the petitioner was in jail during the period from 13-5-1986 to 7-11-1986 in connection with the trial of another case which ultimately ended in acquittal, that period cannot be set off against the imprisonment awarded to him in criminal appeal no. 267/86 which was filed against the order in session case no. 74/84.4. therefore, the petition is dismissed.

Full Judgment

ORDER

N.D. Patnaik, J.

1. The Petitioner who is accused No. 1 m Sessions case No. 74/84 on the file of the Sessions Judge, Nalgonda was granted bail pending Criminal appeal No. 267/86 which was ultimately disposed of with some modification. The petitioner was in jail during the period from 13-5-1986 to 7-11-1986 in connection with another case.

2. This petition is filed to deduct that period during which he was in jail from the sentence of imprisonment awarded to him in Crl. A.No. 267/86. Section 428 Criminal Procedure Code says that where an accused person has, on conviction, been sentenced to imprisonment for a term, (not being imprisonment in default of payment of fine 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 coviction, shall be set-off against the term of imprisonment imposed on him on such conviction.

3. In this case, since the petitioner was in jail during the period from 13-5-1986 to 7-11-1986 in connection with the trial of another case which ultimately ended in acquittal, that period cannot be set off against the imprisonment awarded to him in Criminal appeal No. 267/86 which was filed against the order in Session Case No. 74/84.

4. Therefore, the petition is dismissed.

Same Court & Year Andhra Pradesh · 1991 Same Parties L. Ramesh vs The Superintendent, Central Prison and ors. Same Subject Criminal Same Judge N.D. Patnaik, J. Acts & Sections Code of Criminal Procedure (CrPC) , 1973 - Sections 428 and 482

Criminal