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TMI Blog2006 (6) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,000/- in C.A. No. 340 of 2005 on the file of Additional District and Sessions Judge and Presiding Officer, Special Judge for EC Act Cases at Coimbatore dated 21.4.2006. 2. The learned Counsel appearing for the petitioner/revision petitioner has contended that in view of various difficulties and circumstances, the revision petitioner was not able to surrender before the Court below and thereafter remanded to the concerned prison on the ground of confirmation of his conviction and sentence passed by the trial Court. 3. It is also contended by the learned Counsel for the revision petitioner that in view of the specific provision Under Section 397 Clause (1) of Cr.P.C. the revision petitioner, who has suffered concurrent finding of con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... KLT 857 as follows: 2. Sections 397, 399 and 401 of the Code deal with the powers of revision. Under Section 397, revisions can be filed both before the High Court and the Sessions Judge. The jurisdiction of the revisional Court to pass interim orders Under Section 397(1) is as follows: (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or parsed, and as to the regularity of any proceedings of such Inferior Court, and may, when calling for such record, direct that the executi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. The matter becomes clear when the other sections of the Code are also considered.... 8. ...the revisional Court need not insist upon the confinement of the accused before ordering suspension of sentence or order passed against him. If the accused is in confinement, the revisional Court will have to direct his release on bail; if he is not in confinement, the revisional Court need only suspend the execution of the sentence or order, either on the bond already executed or as directed by the revisional Court. Since the relevant provisions of the Code have clearly delineated the situation where the accuser's presence is necessary, and since Section 397 is silent about the custody or confinement of the accused, the revisional Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt may decline to exercise the power Under Section 397(1) Crl.P.C. to suspend the sentence imposed on the accused, considering the merits of each case, in respect of seriousness and gravity of the offence and also the antecedents of the accused coupled with the clinching materials available on record against the accused. 9. In view of the aforesaid discussion and in view of the settled principles of law by the Hon'ble Supreme Court as well as by His Lordship Justice Khalid (as he then was) as stated above, I am of the considered view, that the revision petitioner herein Is entitled to the relief of grant of suspension of sentence to undergo one year simple imprisonment and a fine of ₹ 5,000/- in default to undergo SI for six ..... X X X X Extracts X X X X X X X X Extracts X X X X
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