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State vs . Sunil Kumar @ Sitte & Ors. on 7 December, 2011 1 IN THE COURT

Petitioner wants earlier release upon getting set- off under Section 428 of Criminal Procedure Code. For this purpose, he relies upon the ratio as laid ... proper procedure to be adopted while interpreting the provision in question. 8. The crux of Section 428 , Criminal Procedure Code is same case

been convicted for offence punishable under Section 395 IPC. The offence punishable U/s 395 IPC provides as under:- Punishment for dacoity- "Whoever commits ... been convicted for offence punishable under Section 395 IPC. The offence punishable U/s 395 IPC provides as under:- Punishment for dacoity- "Whoever commits

sentence shall run concurrently. The benefit of Section 428 Cr.P.C be given to the convict. Copy of the judgment, order on sentence, charge ... three) months. All the sentences shall run concurrently. The benefit of Section 428 Cr.P.C be given to the convict. Copy of the judgment

offenders Act. It was further submitted accused be given benefit of section 428 Cr.P.C. The learned defence counsel for accused Ashok has submitted ... offenders Act. It was further submitted accused be given benefit of section 428 Cr.P.C. Per contra, learned APP has very vehemently argued that

months. Both the sentences shall run concurrently. Benefit of Section 428 CrPC be given to the Convict. 6. Ld. Counsel appearing for Convict ... shall under go Simple Imprisonment for six months. Benefit of Section 428 CrPC be given to the Convict. SC: 140/09 State

St vs Afsar Etc. Fir No. 301/04 Ps Khajuri Khas ... on 29 August, 2011

offences punishable under Section 394 / 34 IPC and U/s 392/34 IPC . However, as per Section 71 of IPC, if the offence is made ... U/s 394 IPC . Therefore, the convict can only be punished for offence U/s 394 IPC . The offence punishable U/s 394 IPC provides

year for offence punishable u/s 323 / 34 IPC, the period already undergone. The benefit of Section 428 Cr.P.C be given ... months for offence punishable u/s 323 / 34 IPC, the period already undergone. The benefit of Section 428 Cr.P.C be given

offence under Section 304­A IPC, in default simple imprisonment for one month with benefit of Section 428 Cr.P.C. 2. The appellant ... Magistrate in giving the Crl. Appeal No. 112/11 Bali Ram Vs. State 10 of 11 benefit of Section 428 Cr.P.C., there