Supreme Court of India
Samrendra Beura v. U.O.I. & Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid enunciation of law, there can be no scintilla of doubt that the pre-trial detention cannot be sett off against the sentence of imprisonment passed by the court- D martial for the offence under Section 39(a) which has been affirmed under Section 161(1) of the Act and the perior: of sentence shall commence from the date when the original proceeding was signed by the Presiding Officer.
Judgment, page 8
From the headnote
Air Force Act, 1950: s. 164 - Sentence of imprisonment - Commencement of c - Pre-trial detention - Claim for setting if off against imprisonment - Held: s. 164 makes it clear that period of commencement of imprisonment is to be reckoned to commence on the day on which original proceedings were signed by Presiding Officer- Pre-trial detention cannot be set 0 off against sentence of imprisonment passed by court martial - Therefore, there is no illegal detention warranting issue of writ of habeas corpus - Keeping in view the amendments made in this regard in Army Act and Navy Act, Union of India
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