M.N. EKASAN Vs. STATE AND ANOTHER

JUDGEMENT

(1.) THE petitioner is the convict in S.C.No. 108 of 1997 on the file of the Additional Sessions Judge cum Chief Judicial Magistrate, Coimbatore and the trial Court has imposed a sentence of imprisonment of life on him. Now, he is undergoing imprisonment in the Central Prison, Madurai. While so, he has made a representation to the Additional Sessions Judge cum Chief Judicial Magistrate, Coimbatore, requesting him to communicate to the second respondent to give set off for the period already undergone by him during the course of the investigation and trial. But, the learned Additional Sessions Judge cum Chief Judicial Magistrate has not passed any order so far on the said representation. In those circumstances, he has come forward with this petition under Section 482, Cr.P.C. seeking for a direction to the learned Additional Sessions Judge cum Chief Judicial Magistrate, Coimbatore to communicate to the respondents period of sentence undergone by him as under trial prisoner to give set off under Section 428, Cr.P.C. against the term of imprisonment imposed on him.

(2.) THE learned counsel for the petitioner would rely on the Judgment of the Hon'ble Supreme Court in Bhagirath v. Delhi Administration reported in AIR 1985 SC 1050, wherein the Hon'ble Supreme Court, relying on various other judgments and also the Judgment in Kartar Singh v. State of Haryana, AIR 1982 SC 1439, has held that the persons in respect of whom imprisonment for life has been imposed are entitled to set off the period of detention undergone as under trial prisoners subject to the provisions of Section 433 -A, Cr.P.C. The learned counsel would further submit that for any reason in future if the petitioner's claim for remission of sentence is granted by the Government, then, the petitioner would be entitled for set off of the period of detention undergone as under trial prisoner. Though such a direction has not been issued by the trial Court in the Judgment as well as by this Court in the appeal and by the Hon'ble Supreme Court while dismissing the Special Leave Petition, it is mandatory on the part of the jail authorities to comply with Section 428, Cr.P.C. to give set off, the learned counsel contended.

(3.) THE learned Government Advocate (Criminal Side) appearing for the respondents has no answer for the said contentions of the learned counsel for the petitioner.