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may 2001

Supreme Court of India · 2001-05-09

STATE OF MAHARASHTRA vs NAJAKAT ALIA MUBARAK ALI

Citation / case number
SC 1999/2900
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
NAJAKAT ALIA MUBARAK ALI
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 in the same case. The Court clarified that this provision aims to address the issue of prolonged detention without trial, ensuring that the time spent in custody is considered when determining the final sentence. The judgment reinforces the principle that justice requires the consideration of time already served during the trial process.

STATE OF MAHARASHTRA vs NAJAKAT ALIA MUBARAK ALI · Niyam