- (1.) THE matter has come up on the application submitted by the accused Chandbhan @ Chandya S/o Shri Sharwan who has been convicted by the learned Additional Sessions Judge (Fast Track) No.3, Ajmer camp at Kishanagarh, for offences u/s 148, 323/149, 325/149 and 302/149 IPC and sentenced inter alia to life imprisonment vide judgment dated 5.7.2008 in Sessions Case No.09/2006 (06/2006). In the application which has been filed on behalf of the accused appellant Chandbhan @ Chandya, it has been submitted that the learned trial court while passing the judgment has not taken into account the provisions of section 428 Cr.P.C. and has not awarded the benefit for determining the sentence taking into account the period already undergone by the accused appellant. It was submitted that prior to the judgment dated 5.7.2008, the accused appellant had remained in custody from 19.10.2005, the date of arrest upto 9.1.2007 when he was released on bail and the aforesaid period of custody of P.C. and J.C. should also be counted while calculating the period of sentence served.
(2.) WE have also perused the Form No.34, the warrant of commitment to jail issued by the learned trial court and we find that the aforesaid warrant is silent on this issue. In the facts and circumstances while disposing of this application, we would direct the learned trial court to hear the counsel for the accused appellant on the aforesaid issue and pass necessary orders in accordance with law. The application stands disposed of with the direction that the registry shall send the record of the trial court with the direction that the learned trial court shall take steps to decide the aforesaid matter on or before 31.7.2012. The registry shall send the record through special messenger. As soon as the aforesaid question is decided by the trial court, it shall remit the record along with its order to this court through special messenger.;