Set-off under criminal procedure applies only to pre-conviction detention in the same case, not custody during another sentence.

Section 428 of the Code of Criminal Procedure allows set-off only for detention undergone during investigation, inquiry or trial in the same case in which conviction is recorded. Time spent in judicial custody while a person is already serving sentence in another case is not treated as pre-conviction detention for set-off purposes. The statutory scheme in Sections 31 and 427 of the Code and Section 64 of the Indian Penal Code distinguishes pre-conviction detention from imprisonment after conviction, and also addresses concurrent and consecutive sentences. On that basis, the remand period in the later case could not be counted toward the sentence in that case.

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Issues: Whether the period spent in judicial custody while already undergoing sentence in another case can be set off under Section 428 of the Code of Criminal Procedure, 1973 against the sentence imposed in a later case.

Analysis: Section 428 contemplates set-off only of detention undergone during investigation, inquiry or trial of the same case in which conviction is recorded. The statutory scheme in Sections 31 and 427 of the Code of Criminal Procedure, 1973 and Section 64 of the Indian Penal Code distinguishes between pre-conviction detention and imprisonment pursuant to conviction, and also between concurrent and consecutive operation of sentences. A convict serving one sentence does not retain the status of an under-trial prisoner in another case merely because he is remanded in that later case while already undergoing punishment. The later remand period cannot therefore be counted as pre-conviction detention for the purpose of set-off in the third case.

Conclusion: The petitioner was not entitled to set off the remand period in the third case against the sentence imposed therein because, during that period, he was already serving sentences in earlier cases.

Final Conclusion: The writ petition failed, and the claim for premature release was rejected.

Ratio Decidendi: Section 428 of the Code of Criminal Procedure, 1973 allows set-off only for pre-conviction detention in the same case, not for time spent in custody while undergoing sentence in another case.

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