ZILE SINGH Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) By the present petition, the petitioner seeks a direction to the respondent to grant benefit of the statutory provision, as mentioned in Section 428 Cr.P.C., and set off the period of imprisonment already undergone by him as an undertrial prisoner against the term of imprisonment imposed on him or else the petitioner would be forced to languish in jail despite completion of his sentence.

(2.) The necessary facts, to be noticed for disposal of this petition, are that the petitioner herein was convicted in a case arising out of FIR No.201/2007, registered under Sections 397/411/34 IPC and Sections 25/54/59 Arms Act, P.S. Mandir Marg, Delhi, on 6.11.2008 by the Court of Additional Sessions Judge, New Delhi. The petitioner was sentenced to RI for seven years and fine on 6.11.2008. Petitioner is stated to be confined in Central Jail No.2, Tihar, New Delhi, and is undergoing sentence of seven years, which was likely to be completed when the petition was filed and according to the petitioner his sentence has now been completed. The petitioner has also preferred an appeal against the judgment and order on sentence dated 6.11.2008. The said appeal, being Crl.A.No.1017/2008, is pending adjudication before this Court.

(3.) It is the case of the petitioner that while petitioner was in custody in FIR No.201/2007 he was also convicted and sentenced to RI for six months in another case arising out of FIR No.258/2010 under Section 20 of the NDPS Act, P.S. Sabzi Mandi, Delhi, vide order dated 3.8.2011 passed by learned Metropolitan Magistrate. The said sentence was directed to commence after serving sentence of seven years awarded in a case arising out of FIR No.201/2007. It is clarified that the maximum punishment under Section 20 of NDPS Act is six months, however, the petitioner was undertrial for a period w.e.f. 29.10.2010 to 2.8.2011 i.e. approximately ten months.