Supreme Court of India · 2009-11-24
ATUL MANUBHAI PAREKH vs CENTRAL BUREAU OF INVESTIGATION
- Citation / case number
- SC 2004/779
- Court
- Supreme Court of India
- Petitioner
- ATUL MANUBHAI PAREKH
- Respondent
- CENTRAL BUREAU OF INVESTIGATION
- Author
- ALTAMAS KABIR
Judgment text excerpt
The Supreme Court addressed the application for set-off under Section 428 Cr.P.C., determining that a convict can receive credit for time served in other cases against a new sentence. The Court reaffirmed the interpretation from State of Maharashtra & Anr. vs. Najakat Alia Mubarak Ali, clarifying that the term 'same case' does not restrict set-off to the case of conviction but allows for consideration of prior detention in other cases. The Court held that the appellant is entitled to a set-off for the period of detention already undergone, thus granting the application.