Bombay High Court
Amol Anandrao Patil vs State Of Maharashtra on 3 December, 2021
Bench: S. K. Shinde
Rane 1/3 WP-4658-2021-SR.25
3.12.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4658 OF 2021
SHRI. AMOL ANANDRAO PATIL ) PETITIONER
V/S.
THE STATE OF MAHARASHTRA ) RESPONDENT
****
Mr. Vijay Killedar, Advocate for the petitionr.
Mr. Y.M. Nakhawa, APP for State.
Coram : Sandeep K. Shinde, J.
Friday, 3rd December, 2021.
P.C. :
1. Incorrect calculation of set-off in terms of
Section 428 of the Criminal Procedure Code, has given rise
to this application.
Background facts are as under :
2. Applicant was arrested on 2nd December, 2019 in
Crime No.457/2019 registered at Pune. He was granted
bail in Crime No.457/2019 on 20th February, 2020.
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3.12.2021
Applicant was accused in Criminal Case No.921/2015 at
Kolhapur fled before the Additional Chief Judicial
Magistrate, Kolhapur. In Kolhapur case, warrant was
issued against the applicant and executed on 17th
December, 2019 when he was in the judicial custody in the
crime registered at Pune. In effect, though the applicant
was granted bail in crime registered at Pune on 20th
February, 2020, he was not actually released from the
Yerwada jail. Therefore, the applicant was in judicial
custody in Crime No.457/2019 atleast till 22 nd February,
2020. Later, the applicant was convicted in the case of
Kolhapur in Summary Criminal Case No. 921/2015 and
sentenced to undergo simple imprisonment for 18 months
vide judgment and order dated 22nd March, 2021, however,
set-off under, Section 428 of Criminal Procedure Code,
1973 has been granted for the period i.e. from 8th March,
2021. According to applicant, set-off ought to have been
granted, from 23rd February, 2020.
3. Applicant, thus moved an application, seeking
set-off from 23rd February, 2020. Learned Additional Chief
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3.12.2021
Judicial Magistrate, rejected the application. This order is
assailed in this petition.
4. It is not in dispute that, applicant was in judicial
custody till 22nd February, 2020 in Crime No.457/2019
registered at Pune. On 20 th February, 2020, he was
directed to be released on bail in Crime No.457/2019 but
since warrant was executed in Kolhapur case, on 17 th
December, 2019, he was not actually released from jail. As
a corollary, it is to be held that, the applicant was in
judicial custody in the Summary Criminal Case
No.921/2015 at Kolhapur since 23rd February, 2020.
therefore, the set-off ought to have been granted from 23rd
February, 2020 and not 8th March, 2021.
4. The learned APP seeks time to verify the facts.
Time granted. Stand over to 17th December, 2021.
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2021.12.03
18:54:23 (Sandeep K. Shinde, J.)
+0530
