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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.