SURAJ BHAN vs OM PRAKASH AND ANR.

The Supreme Court held that Section 428 of the Criminal Procedure Code, 1973 allows a convict to receive credit for the time served as an undertrial against their sentence, regardless of when the conviction occurred. The Court clarified that the procedure to invoke Section 428 can be initiated by a miscellaneous application while the sentence is ongoing. The appeal was dismissed as the judgment of the High Court had become final due to the absence of any appeal against it, rendering the criminal revision infructuous.