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TMI Blog2016 (3) TMI 1427X X X X Extracts X X X X X X X X Extracts X X X X ..... n resort to remedy of revision without any necessity to surrender in compliance with the judgment delivered by the appellate court, is unacceptable - Even Section 397 leaves no room for doubt that while exercising revisional jurisdiction, this court may direct that execution of any sentence or order qua the accused be suspended and the accused if in confinement would be released on bail. This c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before his application for suspension of sentence can be considered. According to him, it is discretion of this court to suspend the sentence even in the eventuality petitioner does not surrender after conviction. Plea has been opposed by the State counsel. He has referred to provision of Section 353 (6) Cr.P.C. According to him, in terms of said provision, if an accused is not in custody, he w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessity to surrender in compliance with the judgment delivered by the appellate court, is unacceptable. Observations of the Single Bench of Bombay High Court (in case reported as Moinoddin, S/O Khodboddin vs State of Maharashtra, (2003) IILLJ 1040 Bom.) are relevant. Same reads as under:- 14. Reading proviso to Section 387 of the Criminal Procedure Code, it may be argued that, it is not mand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses wherein the judgment is of acquittal or one of fine only. Once the presence of appellant-accused is secured or the purpose of pronouncement of judgment confirming the conviction with substantive sentence, as observed in the matter Dilip v. State of Maharashtra (supra), the Subordinate Appellate Court would become functus officio and cannot suspend the sentence or grant bail in order to enab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in holding that petitioner, who does not abide by the order of the lower appellate court and fails to surrender, his prayer in revisional jurisdiction for suspension of execution of the sentence would merit outright rejection. Application is, thus, dismissed. CRR-3960-2015: Notice of motion for 12.5.2016. Notice re: condonation of delay as well. - - TaxTMI - TMITax - Indian Laws ..... X X X X Extracts X X X X X X X X Extracts X X X X
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