BABU SHANKAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Murtaza najmi Advocate appointed for the applicant, mr. Kumbhakoni the learned Associate Advocate general and Mr. Adsule, the learned app for the State.

(2.) WHETHER the proviso added to section 428 Cri. P. C. by the Code of Criminal Procedure (Amendment) Act, 2005, which came into force with effect from 23-6-2005 is retrospective in operation is the important question of law raised in this application submitted by the applicant through jail.

(3.) TO state in brief, the facts of the case are that the applicant was arrested on 7-1-1997 and was in custody as undertrial prisoner in murder case. Sessions Case No. 30 of 1997 was registered before the Sessions court and after trial by the judgment and order dated 27-4-1998, he was convicted for the offence of murder punishable under section 302 and was sentenced to undergo life imprisonment. Thus, he was in custody as undertrial prisoner from 7-1-97 till 27-4-1998 when he was convicted. By this application, he has requested this Court to give direction to the jail authorities that he should be given set off for the period during which he was undertrial prisoner against the sentence awarded to him.