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may 2013

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.

Samrendra Beura vs U.O.I. & Ors · Niyam