UNION OF INDIA AND ORS. vs ANAND SINGH BISHT

The Supreme Court held that Section 428 of the Code of Criminal Procedure, which allows for the set-off of pre-trial detention against a sentence, does not apply to personnel convicted by a Court Martial under the Army Act. The Court distinguished this case from previous rulings, specifically referencing Ajmer Singh v. Union of India, where it was established that the Army Act constitutes a self-contained code that governs military trials and detentions. Consequently, the Court overturned the Calcutta High Court's decision to release Anand Singh Bisht, affirming that the provisions of the Code of Criminal Procedure are not applicable in this context.