ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.2755 OF 2008 WRIT PETITION NO.2755 OF 2008 WRIT PETITION NO.2755 OF 2008 Vijay Harishchandra Mangela ...Petitioner. Vs. The state of Maharashtra ...Respondent. None for the Petitioner. Ms.P.H.Kantharia, APP for the State. CORAM CORAM CORAM : BILAL : BILAL : BILAL NAZKI & NAZKI & NAZKI & ANOOP ANOOP ANOOP V.MOHTA, JJ. V.MOHTA, JJ. V.MOHTA, JJ. DATED DATED DATED : 4TH FEBRUARY, 2009. : 4TH FEBRUARY, 2009. : 4TH FEBRUARY, 2009. P.C. P.C. P.C. The Prisoner has been convicted under Section 302 r/w 34 of the IPC and sentenced to suffer life imprisonment on 26th June, 2008. From 14th February, 2006 till 26th June, 2008, he was in Jail, during which period he faced the trial. 2. The learned Sessions Judge has not mentioned in the Judgment that the prisoner would be entitled for relief under Section 428 of Cr.P.C.. The Petitioner moved an application before the learned Sessions Judge but the Sessions Judge declined to pass any order as he could not review his own order. ( 2 ) 3. This issue is no longer debatable. In Writ Petition No.1383 of 2008, this Court was of the view that benefit under Section 428 of Cr.P.C. is available to every convict. As a matter of fact the order of Sessions Judge is not necessary. 4. Therefore, the Writ Petition has to be allowed and we allow the Writ Petition and direct the Jail Authorities to give the set off to the Petitioner. We further direct that the copy of the Judgment of Criminal Writ Petition No. 1383 of 2008 shall be furnished to the Public Prosecutor who is directed to circulate it to all the Jail Authorities. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)