Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.428 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Application Dismissed |
Headnote | Code of Criminal Procedure, 1973 – s.428 – Period of detention undergone to be set off against the sentence or imprisonment – When – Applicant was found guilty of contempt by order dtd.15.11.19, was sentenced for 6 months imprisonment by order dtd.22.09.22 – Present application seeks clarification w.r.t the date of commencement of the term of imprisonment, which as per the applicant should be from 03.02.20 instead of 22.09.22, as he has been in custody since then though in another case – Held: Applicant stood convicted by order dtd.15.11.19 – The Court before sentencing had to cause the production of the applicant – Applicant was already undergoing pre-trial custody in connection with another case – Therefore, he had to be produced from the custody which he was undergoing in that case – He was produced– Merely because Supreme Court after convicting the applicant by order dtd.15.11.19 caused the production of the applicant before it for the imposition of an appropriate sentence, it cannot be said that the applicant would be in custody – An indispensable requirement to invoke s.428 is that there must be a conviction followed by a sentence of imprisonment for a term and it should not be imprisonment in default of payment of fine – Detention undergone by the convict during investigation, enquiry or trial must be in the ‘same case’ – In the present case, the applicant has not undergone any detention in connection with the contempt case – Custody undergone by the applicant admittedly in connection with another case cannot be understood as custody undergone in the contempt of Court case – No clarification as sought, can be issued. Judgments/Orders – Interpretation of – Held: A judgment of a Court is not to be read shorn of the facts and the context in which the law has been declared. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 1202 |
Petitioner | Mr. Vinay Prakash Singh |
Respondent | Sameer Gehlaut & Ors. In The Matter Of:- Shivinder Mohan Singh |
SCR | [2022] 8 S.C.R. 660 |
Judgement Date | 2022-11-14 |
Case Number | 20417 |
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