JUDGMENT 1. - The facts in brief are that by judgment dated 2.12.2005 passed by Judge, Women Atrocities and Dowry Cases, Jaipur in sessions case no. 41/2005 the petitioner and others were convicted under various sections of IPC and the petitioner was convicted under Sections 363, 366, 323, 342, 325/34, 452, 376/1208 IPC and he was sentenced to various terms of imprisonment and fine and the maximum term of imprisonment was rigorous imprisonment for seven years. When the petitioner was undergoing sentence of imprisonment in the above case the petitioner was convicted under Sections 323, 341 IPC by judgment dated 23.12.2006 passed by Additional Chief Judicial Magistrate, Jaipur District, Jaipur in criminal case no. 318/2005 ' and he was sentenced to three months simple imprisonment and a fine of Rs. 400/- and in default of payment of the fine further simple imprisonment for one month under Section 323 IPC and to one month simple imprisonment and a fine of Rs. 200/- and in default of payment of fine further simple imprisonment for 15 days under Section 341. IPC. The appeal filed by the petitioner was dismissed by judgment dated 5.12.2007 passed by Sessions Judge, Jaipur District, Jaipur. 2. The sentence passed against the petitioner in sessions case no. 41/2005 was suspended during the pendency of the appeal vide order dated 19.8.2008 passed by a coordinate bench of this court and the petitioner was released on bail provided he deposited the fine and furnished a personal bond in the sum of Rs. 40,000/- with two sureties of Rs. 20,000/- each to the satisfaction of the trial court. It is admitted that the petitioner has furnished bail bonds in compliance of the above order and thereafter he has been released on bail. 3. The petitioner has now filed this petition with the prayer that the sentences of imprisonment passed against the petitioner in the above two cases be ordered to run concurrently and in the alternative the period of imprisonment already undergone by the petitioner in sessions case no. 141/2005 be set off against the sentence of imprisonment in criminal case no. 318/2005. 4. Heard learned counsel for the petitioner and learned public prosecutor. 5. Admittedly the sentence passed against the petitioner in one of the above two cases, namely, sessions case no. 41/2005 has already been suspended and he has been released on bail. 141/2005 be set off against the sentence of imprisonment in criminal case no. 318/2005. 4. Heard learned counsel for the petitioner and learned public prosecutor. 5. Admittedly the sentence passed against the petitioner in one of the above two cases, namely, sessions case no. 41/2005 has already been suspended and he has been released on bail. Therefore, now there cannot be any order to the effect that the sentences passed in the above two cases will run concurrently because presently the petitioner is undergoing imprisonment in one case only i.e. 318/2005. 6. As regards the prayer of set off I am of the opinion that under Section 1428 Cr.P.C. the words used 'same case' are of significance and, therefore, period of detention undergone by an accused during the investigation, inquiry or trial of the same case is set off against the term of imprisonment imposed on him but he is entitled to set off the period of his detention during investigation, inquiry or trial in some other case. In fact the petitioner has i never remained in detention in criminal case no. 318/2005 during investigation, inquiry or trial and, therefore, he is not entitled to any set off. 7. For the reasons stated above I do not find any merit in the petition. Consequently, the petition stands dismissed. Record be sent back immediately.Petition Dismissed. *******