754 Of 1983 From the judgment and Order dated 5 7 1983 of the High companyrt of Delhi in Crl.
754 of 1983 K. Jain , R.P. Singh , Suman Kapoor , D.S.Mehra and Miss Sangeeta Aggarwal for the Petitioner in W.P. No.
499 of 1983.
Under Article 32 of the Constitution of India Mukul Mudgal for the Appellant in Crl.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
AND Writ Petition Cd.
Main No.
Appeal No.
S. Gujarat , G.D. Gupta , R.N. Poodar and Miss Halida khatun , for the Respondent.
They companytend that they are entitled to the benefit of Section 428 Or the Code of Criminal Procedure , that is to say , that the period of detention undergone by them prior to their companyviction as undertrial prisoners must be off against the sentence of life imprisonment imposed upon them.
In support of his case , he relies upon an order dated March 3 , 1982 passed by this Court in Sukhlal Hansda v. State of West Bengal.
The appellant , Bhagirath , filed a petition in the Delhi High Court asking that his case be referred for the e orders of the Delhi Administration under paragraph 516 B of the Punjab Jail Manual since , though sentenced to life imprisonment , ha had undergone a period of detention in Jail amounting to 14 years together with the remissions earned by him.
1266 of 1982.
1 According to the companynter affidavit filed by the Deputy Secretary Home of the Delhi Administration , the petitioners case cannot be companysidered for petitioners release because he has number yet undergone 14 years of imprisonment , inclusive of remissions earned by him.
1265 of 1982.
The Judgment of the Court was delivered by CHANDRACHUD , C.J. We have before us an appeal and a writ petition , which are filed by two persons sentenced to life imprisonment for the offence of murder.
