Supreme Court of India · 2013-05-20
Samrendra Beura vs U.O.I. & Ors
- Court
- Supreme Court of India
- Petitioner
- Samrendra Beura
- Respondent
- U.O.I. & Ors
- Author
- Dipak Misra
- Bench
- Dipak Misra, B.S. Chauhan
Judgment text excerpt
The Supreme Court ruled that under Section 39(a) of The Air Force Act, 1950, the period of custody prior to the court-martial order must be considered when determining the sentence. The petitioner, an Indian Air Force employee, argued for a set-off of the time spent in custody before conviction, which the Court found valid. The Court held that the petitioner should receive credit for the time already served, thereby addressing the legality of his detention post-conviction under Article 32 of the Constitution.