1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1424 OF 2009 Mohd. Ismail Md. Ahmed Shaikh : Applicant V/s. The State of Maharashtra : Respondent .... Mrs.Nasreen Ayubi (appointed) for the applicant. Ms M.H. Mhatre, Addl. Public Prosecutor for the State. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 29, 2009. P.C.: Head. 2. The applicant claims set-off for the period during which he was an under-trial prisoner. The respondent filed an affidavit stating that the period of imprisonment of the applicant as an under-trial is as follows:- “i) 11.01.1995 to 17.01.1995 ii) 11.09.2002 to 07.12.2002 iii) 15.09.2008 to 19.11.2008”. The learned Addl. Public Prosecutor points out that 5th Ad-hoc Addl. 2 Sessions Judge, Sewree, Mumbai, has already given set-off to the applicant as per section 428 of the Cr.P.C. vide paragraph 4 of the order dated 19.11.2008. The learned Addl. Public Prosecutor further points out from the affidavit-in-reply that the applicant is not entitled to any set-off in respect of imprisonment undergone by him in another offence. 3. Accordingly, this Criminal Application is rejected. S.A. BOBDE, J.