JUDGMENT:- Rule. Rule is made returnable forthwith. Heard by consent. 2. This petition seeks a direction that the petitioner may be given set off the period of 9 months and 20 days which has been spent by him in custody during the trial of Sessions Case no.1/2004 before the learned Assistant Sessions Judge, Panaji. Learned Judge had acquitted the petitioner, but on appeal bearing Criminal Appeal No.4/2005, the petitioner was convicted and sentenced to suffer Rigorous Imprisonment for 10 years with fine of Rs.10,000/- The matter was taken upto Supreme Court in Criminal Appeal No.32/2007 where the fine was reduced to Rs.1,000/-. Since no order granting set off under Section 428 of Cr. P.C. to the applicant for the period spent by him in custody was passed, the petitioner is before this Court. 3. I have heard learned Counsel for the petitioner and learned Public Prosecutor for the State. 4. Learned Public Prosecutor for the State points out that the petitioner has in fact spent 9 months and 13 days as under trial prisoner. The petitioner would obviously be entitled to set off this period against the substantive sentence imposed upon the petitioner. 5. In view of this, the petition is allowed in the following terms: (i) The petitioner shall be granted set off for the period of 9 months and 13 days which is spent by him in custody as under trial prisoner. 6. Rule is made absolute in aforesaid terms. Petition allowed.