Law: Criminal Procedure Code (V of 1898)

Section: 382

 (i) Criminal Procedure Code (V of 1898)- —S. 382-B—Period of detention—Taking into consideration of while passing sentence—Court—Duty of— Held : Section 382-B being no remedial provision like those for appeal, revision: or review, Court, while deciding to pass sentence of imprisonment on accused for offence, to take into consideration period spent in detention by accus­ed for such offence—Held further ; Obligation though cast primarily on court passing original order of conviction and sentence, relief in terms of section also to be competently obtained from court of appeal or in revision through competently instituted proceedings on showing justification for same. [Pp. 443 & 444JX • PLJ 1980SC487ref. (li) Criminal Procedure Code (V of 1898)— ----- -S. 382-B—Period of detention — Failure to take into considera­ tion—Effect of—No reference to S. 382-B made by Court at time of passing of sentence by court — Court, however, treating accused leniently in not awarding him maximum sentence — Subsequently applicant claiming benefit of section 382-B by filing application before Court—Held : Belated plea in circumstances not to be enter- tained—Held further ; Matter having become transaction past and closed, Court not to permit laying foundation of somewhat undesir­ able practice of second round before same Court on basis of after­ thought. [P. 444]B (Hi) Criminal Procedure Code (V of 1898)— ------ S. 382-B-Period of detention — Taking into  consideration of— Held : Benefit under S. 382-B being not extendable mechanically as matter of course, such plea ought to be raised and benefit claimed in each case. [P. 444]£> (iv) Criminal Procedure Code (V of 1898)- '                S. 382-B—Period of detention — Taking into consideration of— Court satisfied regarding delay in trial  being not result of dilatory tactics of accused—Held :  Period of custody in jail for offence to be treated as period already…