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TMI Blog2009 (3) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... ly if the earlier jail life was undergone by him exclusively for the case in which the sentence is imposed. The period during which the accused was in prison subsequent to the inception of a particular case, should be credited towards the period of imprisonment awarded as sentence in that particular case. It is immaterial that the prisoner was undergoing sentence of imprisonment in another case also during the said period. The words of the same case were used to refer to the pre-sentence period of detention undergone by him. Nothing more can be made out of the collocation of those words. X X X X Extracts X X X X X X X X Extracts X X X X ..... ion relating to offence is shot the same or the facts constituting the two offences are quite different." 5. The majority view in State of Maharashtra v. Najakat alias Mubarak Ali [2001(6) SCC 311] was to similar effect. Paragraphs 14 to 18 in the above case it was held as follows: "14. The purpose of Section 428 of the Code is also for advancing amelioration to the prisoner. We may point out that the section does not contain any indication that if the prisoner was in jail as an under-trial prisoner in a second case the benefit envisaged in the section would be denied to him in respect of the second case. However, learned counsel for the appellant contended that the words of the same case in the section would afford sufficient indication ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an under-trial prisoner against the sentence of imprisonment imposed on him. The Committee trusts that the provision contained in the new clause would go a long way to mitigate the evil." (Emphasis supplied) 15. The purpose is therefore clear that the convicted person is given the right to reckon the period of his sentence of imprisonment from the date he was in jail as an under-trial prisoner. In other words, the period of his being in jail as an under-trial prisoner would be added as a part of the period of imprisonment to which he is sentenced. We may now decipher the two requisites postulated in Section 428 of the Code: (1) During the stage of investigation, inquiry or trial of a particular case the prisoner should have been in jail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding Section 428 of the Code in the above perspective, the words 'of the same case' are not to be understood as suggesting that the set off is allowable only if the earlier jail life was undergone by him exclusively for the case in which the sentence is imposed. The period during which the accused was in prison subsequent to the inception of a particular case, should be credited towards the period of imprisonment awarded as sentence in that particular case. It is immaterial that the prisoner was undergoing sentence of imprisonment in another case also during the said period. The words "of the same case" were used to refer to the pre-sentence period of detention undergone by him. Nothing more can be made out of the collocation of those words ..... X X X X Extracts X X X X X X X X Extracts X X X X
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