HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.786 of 2011 (O&M) Date of Decision: 14.02.2011 **** Jaswinder Singh @ Binder Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. SS Siao, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). The petitioner was convicted and sentenced to life imprisonment in the case FIR NO.84 dated 14.08.1996 under Section 302 IPC registered at Police Station Lambi, District Muktsar for murdering one Teja Singh. The total sentence period is yet to be undergone by the petitioner who is presently confined in jail. The petitioner after he had undergone more than five years of actual sentence, was released on bail on 22.05.2002 pending appeal. Five new criminal cases were registered against the petitioner at PS Lambi during the period when he was on bail and he was arrested in those cases. The petitioner though earned acquittal in four such cases but in case FIR No.186 dated 21.10.2002 registered at Lambi under Sections 325/323, he was convicted and sentenced to undergo rigorous CWP No.786 of 2011%5D.doc - 2 – imprisonment for two years vide judgement dated 08.08.2007. (2). The petitioner now seeks a mandamus to direct the respondents that the period of 5-years 4-months and 22 days during which he remained in custody as an undertrial in the four criminal cases registered against him while he was on bail in the murder case, be set-off/counted towards the total sentence period in the case FIR No.84 dated 14.08.1996 under Section 302 IPC. (3). It may be mentioned here that while sentencing the petitioner in the subsequent case under Section 325/323 IPC, the learned trial Court had directed that his sentence shall run concurrently with the sentence awarded previously in the murder case. Such a recourse was permissible to the learned trial Court under Section 427(1) Cr.PC. The petitioner’s contention that the period of his detention as an under-trial in more than one criminal cases, be counted towards the sentence period yet to be completed by him in the murder case is not referable to Section 428 Cr.PC in terms whereof the period of detention undergone by a convict during the investigation, inquiry or trial “of the same case” before the date of his conviction, can be set off against the term of imprisonment imposed on him. CWP No.786 of 2011%5D.doc - 3 – (4). Counsel for the petitioner could not point out any other provision contained in the Code of Criminal Procedure or any other Statute supporting his above-stated claim. (5). No such direction, thus, can be issued. (6). Dismissed. 14.02.2011 vishal shonkar (S u r y a K a n t) Judge