Bombay High Court at Goa grants the benefit of Section 428 CrPC to petitioner facing life imprisonment. His duration as an under-trial prisoner will be set off against the term
Bombay High Court at Goa grants the benefit of Section 428 CrPC to petitioner facing life imprisonment. His duration as an under-trial prisoner will be set off against the term.
Title: Santana Antonio Eugenio v. State of Goa
Decided on: September 4, 2023
Citation: 2023 SCC OnLine Bom 1877
CORAM: HON’BLE JUSTICE M.S. SONAK AND JUSTICE BHARAT P. DESHPANDE
Facts of the Case
The petitioner seeks the substantive relief in this petition of being granted set off under Section 428 Cr. P.C. for the period of detention undergone as an undertrial prisoner. The petitioner was arrested on 09.11.2009 for allegedly committing an offence punishable under Section 302 of the Penal Code, 1860. He spent a period of one year, nine months, and twenty eight days as an under-trial prisoner, and was convicted and sentenced to life imprisonment by Judgment and Order dated 04.08.2012. He is now seeking a set-off under Section 428 of Cr. P.C. for the period spent by the petitioner in custody from the date of his arrest on 09.11.2009 till the date of his conviction by the Sessions Court on 04.08.2012.
Court Analysis and Judgement:
The Court looked at precedents to analyse the case. The Court looked at the decisions taken in Bhagirath v. Delhi Administration, Rajaram Charoskar v. State of Maharashtra, and Clint v. State of Maharashtra, where it was held that persons undergoing a sentence of life imprisonment are entitled to set off under Section 428 if an order is made under Sections 432 or 433 of Cr. P.C. By following the above precedents, this petition was allowed, and the Court directed that the petitioner should be granted the benefit of Section 428 of Cr. P.C. subject to the provisions contained in Section 433-A and, provided that orders have been passed by the appropriate authority under Sections 432 or 433 of Cr. P.C. The period from the date of the petitioner’s arrest till the date of the petitioner’s conviction should be set off against the sentence of life imprisonment imposed upon the petitioner.
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