IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.228 of 2010 RAJESH KUMAR @ MANTU SAO Versus STATE OF BIHAR & ORS ----------- 05. 29.06.2010 We have heard counsel for the petitioner and the State. The question in this writ application revolves around the interpretation of Section 428 Cr.P.C. Whether pre trial custody in a case was to be computed, for remission, in context of pre trial custody in another case. The scope of the words “same case” given a wider interpretation in 2001 AIR SCW 2059 as has been considered in 2010 AIR SCW 399 (Atul Manubhai Parekh versus Central Bureau of Investigation) at paragraph 9 which we consider appropriate to quote hereinafter. “The wording of Section 428 is, in our view, clear and unambiguous. The heading of the Section itself indicates that the period of detention undergone by the accused is to be set off against the sentence of imprisonment. The Section makes it clear that the period of sentence on conviction is to be reduced by the extent of detention already undergone by the convict during investigation, enquiry or trial of the same case. It is quite clear that the period to be set off relates only to the pre conviction 2 detention and not to imprisonment on conviction”. In that view of the matter when the facts are also clearly distinguishable from the case of Najakat Alia Mubarak Ali(2001(6)SCC 311) relied upon on behalf of the petitioner and is more in consonance with the facts in the case of Atul Manubhai Parekh versus Central Bureau of Investigation(2010 AIR SCW 399), We dispose of this application with a direction to the respondents to recalculate afresh the period of detention of the petitioner individually in all the three cases in light of the law as laid down in the case of Atul Manubhai Parekh(Supra) and then to pass fresh appropriate orders of his claim for remission of sentence post conviction by taking into account the time period of custody in each case pre conviction. Let this exercise be done and appropriate orders be passed within a maximum period of three weeks. The application stands disposed off. Shageer (Navin Sinha, J) (Dinesh Kumar Singh, J.)