1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2569 OF 2008 Nicholas @ Tambi Mhanu Babu. ..... ..... Petitioner. Versus The State of Maharashtra. ..... ..... Respondent. Mr. Pritam Runwal, Advocate appointed for the Petitioner. Mr. P. S. Hingorani, APP for the Respondent. CORAM : BILAL NAZKI and ANOOP V. MOHTA, JJ. DATED : 17TH JANUARY, 2009. P.C.: The grievance of the petitioner is that a set-off has not been given in terms of Section 428 of the Criminal Procedure Code with respect to the period he spent in jail as an under trial prisoner. Heard learned Counsel for the petitioner as well as the learned Public Prosecutor. 2. Section 428 of the Criminal Procedure Code is clear to lay down that the period of detention, if any, undergone by the detenu during the investigation, inquiry or trial before conviction, shall have to be set-off against the term of imprisonment imposed on him on such conviction. Learned Public Prosecutor assures the Court that while calculating the period of imprisonment as sentenced by the Court, Section 428 of the Criminal 2 Procedure Code will be taken note of. 3. Accordingly, we dispose of this writ petition directing that the set-off be given to the petitioner for the period he has been in jail before conviction as against the term of imprisonment imposed on him. Sd/- (BILAL NAZKI, J.) Sd/- (ANOOP V. MOHTA, J.)