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Judgment
Dr. A. P. Thaker, J
RULE. Mr.R. C. Kodekar, learned APP waives service of notice of rule on behalf of the respondent - State.
This application is filed by the convict through jail for granting the benefit of set-off under Section 428 of the Criminal Procedure Code of the period of 5 years and 37 days which he has undergone.
Mr.R. C. Kodekar, learned APP has invited the attention of the Court that no criminal matter is pending before this Court and the Division Bench of this Court has already dismissed the appeal filed by the convict and only recourse open to the convict is to approach the Apex Court.
Having considered the submissions of the learned APP and on perusal of the materials placed on record, it appears that the Trial Court vide order dated 31.07.2014 has not granted the benefit of set-off under Section 428 of the Criminal Procedure Code to the present accused. It also appears that the appeal filed by the convict being Criminal Appeal No.11 of 2015 has been dismissed by the Division Bench of this Court vide order dated 25.03.2019 whereby the order of conviction and sentence has been confirmed by this Court. In that view of the matter, this Court cannot grant the relief of set-off at this stage. The legal remedy available to the convict is to approach the Apex Court by challenging the decision of the Division Bench of this Court. Hence, the application deserves to be rejected and accordingly, it is rejected. Rule is discharged. Let the convict be informed through the jail authority.