1 3471.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3471 OF 2010 Sachin Hanumant Nagne ...Petitioner Versus The State of Maharashtra ...Respondent ...... Mr.Umesh Mankapure, appointed as amicus curiae. Ms.M.H.Mhatre, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- FEBRUARY 8, 2011. P.C. 1. This Petition is received through jail. 2. Considering the facts of the present case, contends learned A.P.P., the petitioner, at best, would be entitled for ten days of set-off. However, she submits that the relief of set-off ought to have been pursued before the Trial Court in the first place and in any case, by way of appeal before the Sessions Court, if the opinion of the Trial Court was not acceptable to the petitioner. We are in agreement with this submission. 3. In the circumstances, we dispose of this Writ Petition with liberty to the petitioner to pursue his remedy of appeal before the Sessions Court, 2 3471.10 Kolhapur to challenge the decision of the JMFC No.4, Kolhapur dated 28th April, 2009 in regular Criminal Case No.1190 of 2002 to the extent of not providing adequate set-off period which was due to the petitioner. If such appeal is filed, the same be decided on its own merits. 4. Accordingly, Petition is disposed of on the above terms. 5. The Court expresses word of gratitude for the able assistance provided by the learned amicus curiae in espousing the cause of the petitioner. 6. Copy of this order be forwarded to the petitioner, who is in jail for information, forthwith. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)