SC Registry Modifies ‘Proforma Of First Listing’ To Include ‘Period Of Custody Undergone By Accused’ [Read Circular]
The Supreme Court Registry has introduced necessary changes in the Proforma of First Listing complying with the directions issued in State of UP vs Munna @ Deewana.
In the said order, the Supreme Court has directed the registry to ensure that all cases filed before it against an acquittal must mention the period of custody undergone by the accused. Read Live Law Story here.
Now the column 7(e) of the Proforma reads: “Period of sentence undergone including period of detention/custody undergone” instead of “sentence undergone”.
Subsequent to the order issued in State of UP vs Munna @ Deewana, the apex court in another case viz. State of UP vs. Tribhuwan, had ruled that the period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set-off could be given to him under Section 428 of the Code.
Read the Circular Here