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2022 DIGILAW 656 (BOM)

Ravi Shirodkar v. State (through Police Inspector, Anjuna Police Station)

2022-03-08

M.S.SONAK, R.N.LADDHA

body2022
JUDGMENT : M.S. SONAK, J. 1. This is a letter received from the petitioner who is presently suffering incarceration at the Colvale Jail. 2. This letter is directed to be registered as a Criminal Writ Petition. Registry to award appropriate number. 3. We requested Ms. S. Kenny to appear on behalf of the petitioner under the Legal Aid Scheme which she has kindly consented. 4. Mr. S.G. Bhobe learned Public Prosecutor appears for the State. 5. We, accordingly, issue rule in this petition and make the rule returnable forthwith at the request and with the consent of the learned counsel for the parties. 6. The petitioner was convicted by the learned Additional Sessions Judge, Mapusa, in Sessions Case No. 34/2013 under Section 302 of IPC and sentenced to undergo life imprisonment. 7. Thereafter in Criminal Appeal No. 5 of 2021 the petitioner's conviction was altered to that under Section 304 Part II of IPC and the petitioner was sentenced to imprisonment for a period of 10 years. 8. At that time, however, no directions were made for set-off the period of detention undergone by the petitioner before his conviction, against the sentence of imprisonment. The petitioner, therefore, seeks appropriate directions in terms of Section 428 of the Criminal Procedure Code, by instituting this petition. 9. Ms. Kenny refers to the decisions of this Court in Raghuvir @ Raghu Sharma vs. State and Another in Criminal Writ Petition No. 16 of 2022 decided on 2nd March 2022, Clint vs. State of Maharashtra, 2019 SCC Online Bom. 1732 and Shyam Gawas vs. State of Goa, 2021 SCC Online Bom. 914 to submit that in almost identical circumstances the relief as claimed for by the petitioner was granted. 10. Mr. Bhobe, learned Public Prosecutor quite fairly does not dispute the aforesaid position. 11. Accordingly, we direct that the petitioner will be entitled to the benefit of set-off in terms of Section 428 of the Criminal Procedure Code. The details about such a set-off will have to be computed by the concerned authority at the appropriate stage. 12. The rule is made absolute in the aforesaid terms. There shall be no order for costs. 13. We thank Ms. Kenny for appearing in this matter under the Legal Aid Scheme and also appreciate the fairness on the part of the learned Public Prosecutor. Ms. 12. The rule is made absolute in the aforesaid terms. There shall be no order for costs. 13. We thank Ms. Kenny for appearing in this matter under the Legal Aid Scheme and also appreciate the fairness on the part of the learned Public Prosecutor. Ms. Kenny shall be paid her fees from the Goa State Legal Services Authority in terms of the rules.