Case-specific set-off under Section 428 CrPC applies only to pre-conviction detention in the same case.

Section 428 of the Code of Criminal Procedure, 1973 allows set-off only for detention undergone during investigation, inquiry or trial in the same case before conviction. The expression "the same case" was treated as plain and unambiguous, so custody in unrelated matters cannot be aggregated or used to obtain a double benefit. On that construction, the broader claim for set-off based on detention suffered in other cases was rejected, and the additional set-off applications failed.

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Issues: Whether the period of detention undergone in other cases can be set off against the sentence imposed in the present case under Section 428 of the Code of Criminal Procedure, 1973.

Analysis: Section 428 of the Code of Criminal Procedure, 1973 permits set-off only of the period of detention undergone during the investigation, inquiry or trial of the same case and before conviction. The expression "the same case" was held to be plain and unambiguous, limiting the benefit to pre-conviction detention in relation to that very case. The broader view that detention in unrelated cases could be aggregated for set-off was rejected as inconsistent with the statutory language and the legislative purpose. The Court followed the line of authority holding that Section 428 does not permit a double benefit or a set-off for custody suffered in another matter.

Conclusion: The benefit of set-off was held not to extend to detention undergone in other cases, and the claim for such set-off was rejected.

Final Conclusion: Section 428 was construed as a case-specific set-off provision confined to pre-conviction detention in the same case, and the connected applications for additional set-off were dismissed.

Ratio Decidendi: Set-off under Section 428 of the Code of Criminal Procedure, 1973 is available only for detention undergone in the same case before conviction and cannot be claimed for custody suffered in other cases.

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