1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1863 OF 2009 Nandu Yadavrao Jagtap : 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 : AUGUST 26, 2009. P.C.: Heard. 2. The applicant was initially arrested and lodged in Thane Central Prison as an under trial prisoner and then transferred to Arthur Road Central Prison. Thereafter, he has been convicted on 30.7.1998 and sentenced to undergo life imprisonment under section 302 of the Indian Penal Code. He has prayed for a set-off for the period when he was in custody as an under-trial. The period is admittedly as follows:- “1) 23.12.80 to 16.03.1981 – Police Custody. 2) 17.04.1981 to 14.01.82 – Thane Central Prison, Thane. 2 3) 14.01.82 to ........ -- Arthur Road Central Prison, Mumbai. 4) 30.07.1982 -- Applicant was convicted for life by the learned Sessions Court. 5) 15.09.1982 -- Released on bail in Appeal No.605 of 1982 by this Hon’ble Court. ------------------------ Total appro.1 year, 7 months and 5 days – As under-trial prisoner.” This is apparent from the affidavit of Mr.Nitin Shriramji Kshirsagar, Jailor Group – II, Morshi Open Jail, Dist. Amravati. 3. In the circumstances, it is directed that the applicant be given set- off for the aforesaid period of one year, seven months and five days in regard to the sentence which he has undergone. Order accordingly. 4. This Criminal Application stands disposed of. S.A. BOBDE, J.