Supreme Court of India · 2001-05-09
State Of Maharashtra And Anr vs Najakat Alia Mubarak Ali
- Court
- Supreme Court of India
- Petitioner
- State Of Maharashtra And Anr
- Respondent
- Najakat Alia Mubarak Ali
- Author
- K.T. Thomas
- Bench
- K.T. Thomas
Judgment text excerpt
The Supreme Court addressed the applicability of Section 428 of the Code of Criminal Procedure regarding the entitlement of an accused to claim set off for imprisonment in multiple cases. The Court held that the accused is entitled to the benefit of set off in both cases where he was in custody, distinguishing the facts from Raghbir Singh vs. State of Haryana, where double benefit was not permitted. The Court concluded that the High Court's decision allowing set off in both cases was correct, thereby affirming the accused's entitlement to release based on the cumulative period of imprisonment served.