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may 2001

Supreme Court of India · 2001-05-09

State Of Maharashtra & Anr vs Najakat Alia Mubarak Ali

Citation / case number
AIR 2001 SUPREME COURT 2255
Court
Supreme Court of India
Petitioner
State Of Maharashtra & Anr
Respondent
Najakat Alia Mubarak Ali
Author
R.P. Sethi
Bench
R.P. Sethi

Judgment text excerpt

The Supreme Court interpreted Section 428 of the Code of Criminal Procedure, emphasizing that the period of detention as an under-trial prisoner must be set off against the sentence of imprisonment imposed for the same case. The Court clarified that this provision aims to prevent disproportionate punishment where an accused has already spent significant time in custody before conviction. The judgment reinforces the legislative intent to ensure fairness in sentencing by considering pre-conviction detention time, thereby upholding the rights of under-trial prisoners.

State Of Maharashtra & Anr vs Najakat Alia Mubarak Ali · Niyam