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Period Served As Undertrial In One Case Can’t Be Set Off Against Another Sentence

The Bombay High Court in Saquib Abdul Hamid Nachan vs  The Superintendent, Central Jail has dismissed a writ petition filed by Mulund blast convict Saquib Nachan.

A bench of Justice Ranjit More and Justice Anuja Prabhudessai was hearing Nachan’s petition wherein he sought the period of detention undergone by him in the MCOC case to be set off against the sentence of imprisonment in POTA case.

In the case of Atul Manubhai Parekh vs Central Bureau of Investigation, the apex court had held that under Section 428 of CrPC, the question of merger of sentence does not arise and the period of set-off is in respect of each separate case and the detention undergone by accused during investigation or trial of such case.

The court then referred to the case of Sanjay Shriram Gondchar vs State of Maharashtra, wherein another division bench of the high court held that petitioner is not entitled to get period of undertrial imprisonment suffered in one case for set off against the sentence to be undergone in another case.

Dismissing the petition, the court held that the period undergone by Nachan in MCOC case cannot be set off as against sentence imposed in POTA case.

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