1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 380 OF 2009 (Madhukar Kisanrao Chatoor .v. State of Maharashtra and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 31ST AUGUST, 2009. Heard Shri N.S. Bhat, the learned Counsel for the petitioner and Shri A.S. Fulzele, the learned APP for the respondent/State. The learned Counsel for the petitioner states that the grievance of the petitioner is in respect of inaction on the part of the respondents to give proper set off, to which the petitioner was entitled. It is contended that the respondents have not calculated the days when the petitioner was either in custody or behind the bars and, therefore, the petitioner has approached this Court for necessary directions. Learned APP, on the other hand, has submitted that the petitioner was arrested in Crime No. 170/1991 on 18.02.1993. There was another crime which was registered against the petitioner i.e. Crime No. 16/1993 by Wadi Police Station. The police took the petitioner in custody in Crime No. 16/1993 on 2 25.02.1993 and shown his arrest in the said crime as on 26.02.1993. The learned APP further contended that the petitioner was granted bail in Crime No. 16/1993 on 19.07.1993 and released from jail on 21.07.1993. It is further submitted that the police re-arrested the petitioner in Crime No. 170/1991 on 21.05.1998 and he came to be convicted by the trial Court on 13.01.2000 in the said Crime No. 170/1991. It is submitted that the number of days the petitioner was either in custody or behind the bars comes to 2 years and 23 days and the set off of the said period is already granted to the petitioner. Considered the contentions canvassed by the respective Counsel. There is no reason for us to disbelieve the facts placed before us by the learned APP which are also reflected in the affidavit filed on behalf of the respondent No.2. In the circumstances, no case is made out for showing indulgence. Writ Petition is dismissed accordingly. JUDGE JUDGE *rrg.