RAMPAL SINGH, J. ( 1 ) NONE for the petitioner. ( 2 ) SHRI B. P. Singh, GA. , for the State. He is heard. Record perused. ( 3 ) THIS is a petition received by post, and it purports to be sent by Mrs. Shaik Sharifoon, wife of Sk. Moulali, son of Sk. Imam Beg who appears to be a convict undergoing sentences at Central Jail, Bhopal. ( 4 ) FROM the contents of the petition, it appears that the above said convict was prosecuted at Bhopal and Indore by Economic Offences Wing, Bhopal, and in regular trial No. 1243/86 and 1244/86 under sections 420, 467, 468 and 471 I. P. C. The Court of J. M. F. C. , Bhopal presided by Shri R. R. Ahirwar awarded 3 years R. I. ( 5 ) IT further appears from the petition that the judgment was delivered by J. M. F. C. on 10-1-1987, and the grievance of the petitioner is that the benefit of period of set off as contemplated under section 428 Cr. P. C. has not been given to the above said accused. ( 6 ) FROM para 5 of the petition it further appears that some appeal was preferred before the Sessions Judge, Bhopal which was forwarded through the Superintendent Central Jail, Indore, vide dispatch No. 22-9-87 and 17-1-87. The contents are not very clear. There is no record before this Court to give further direction. ( 7 ) THIS Court directed A. R. J. to make enquiries from the Sessions Judge, Bhopal the learned Sessions Judge directed Ku. Pratibha Ratnaparkhi, Judicial Magistrate, First Class, Bhopal to inquire into the matter. According to the information sent by her to the District Judge, the accused was prosecuted in Cri. Cases Nos. 1243/86 and 1244/86. It is also reported that he remained as under- trial from 30-1-1980 to 29-1-1982 and from 19-11-86 to 10-1-1987. According to her report, this period of under-trial has been set off in accordance with the provisions of section 428 of the Code of Criminal Procedure. According to her the accused is not in custody in Bhopal Jail. After receiving this report from the Judicial Magistrate, First Class, Bhopal, District Judge, Bhopal has sent his reply vide report dated 24-8-1987. According to this report Sri Moulali has preferred an appeal against his conviction in the Court of Third Addi. According to her the accused is not in custody in Bhopal Jail. After receiving this report from the Judicial Magistrate, First Class, Bhopal, District Judge, Bhopal has sent his reply vide report dated 24-8-1987. According to this report Sri Moulali has preferred an appeal against his conviction in the Court of Third Addi. Sessions Judge, Bhopal where his appeal is still pending. ( 8 ) THE Third Addi. Sessions Judge, Bhopal is, therefore, directed to consider at the time of final hearing the question of set off under section 428 of the Criminal Code Procedure, if not given during the trial. ( 9 ) WITH the above observation, the petition is disposed of. Let a copy of this order be sent immediately to the Third Addi. Sessions Judge, Bhopal for compliance. Petition dismissed accordingly. .