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Judgment
Heard both sides.
By judgment and order dated 8.10.1993 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 956 of 1988, the petitioner has been convicted and sentenced mainly under Section 302 read with Section 34 of
IPC. Being aggrieved thereby, the petitioner preferred Criminal Appeal No. 630 of 1993 before this Court. By judgment and order dated 7.12.2016, the appeal preferred by the petitioner came to be dismissed.
The grievance of the petitioner is that no set off has been granted to him of the period of detention undergone by him prior to his conviction. Admittedly, the petitioner was arrested on 26.5.1988. Thereafter he was granted bail on
29.8.1988. Thus, prior to conviction, he was in custody for about three months. The grievance of the petitioner is that he has not been given set off for the period that he was in custody prior to the date of his conviction. In this view of the matter, it is directed that as and when the case of the petitioner comes up for consideration before the State Government for premature release, the period that he was in custody prior to his conviction, shall be taken into account by the State Government as well as the jail authorities.
Rule made absolute in above terms. Petition is disposed of.