Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2009

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.

ATUL MANUBHAI PAREKH vs CENTRAL BUREAU OF INVESTIGATION · Niyam