Case Note & Summary
The judgment addresses a reference to a larger bench on the question of whether the High Court, in the absence of rules, can entertain a criminal revision under Section 397 Cr.P.C. without the convict surrendering, and whether sentence suspension can be granted as a matter of course. The court, after hearing arguments, held that the decision in Bihari Prasad Singh v. State of Bihar (2000) SCC (Cri) 1380 governs the first issue, requiring surrender. For the second issue, the court opined that sentence suspension cannot be automatic without surrender. The judgment is reserved and pronounced on 05.01.2024.
Headnote
A) Criminal Procedure - Revisional Jurisdiction - Surrender of Convict - Section 397, Code of Criminal Procedure, 1973 - The High Court cannot entertain a revision petition under Section 397 Cr.P.C. without the convict surrendering to custody after dismissal of appeal, as the revision is a continuation of the appellate process and the court must have control over the person of the accused. (Paras 2-3)
B) Criminal Procedure - Sentence Suspension - Automatic Suspension - Section 397, Code of Criminal Procedure, 1973 - The High Court cannot suspend the sentence as a matter of course without the accused surrendering, as surrender is a prerequisite for considering suspension of sentence in revisional jurisdiction. (Paras 2-3)
Issue of Consideration
Whether in the absence of a Rule regulating the procedure framed by the High Court for admission or listing the Revision without surrender, the High Court under revisional jurisdiction under Section 397(1) of the Cr.P.C. shall suspend the sentence without the surrender or arrest of the accused for sending him to jail for the execution of the sentence, as a matter of course?
Final Decision
The court held that in the absence of rules, the High Court cannot entertain a revision under Section 397 Cr.P.C. without the convict surrendering, and sentence suspension cannot be granted as a matter of course without surrender. The judgment is reserved and pronounced on 05.01.2024.
Law Points
- Revisional jurisdiction under Section 397 Cr.P.C. requires surrender of convict
- Sentence suspension not automatic without surrender
- High Court cannot entertain revision without surrender in absence of rules
Case Details
2024 LawText (BOM) (01) 109
Criminal Revision Application No. 301 of 2022 with Criminal Application No. 3373/2022, Criminal Revision Application No. 318 of 2022 with Criminal Application No. 3633/2022, Criminal Revision Application No. 320 of 2022 with Criminal Application No. 3644/2022
Mangesh S. Patil, S. G. Chapalgaonkar
Mr. Sachin S. Panale, Mr. A.S. Shinde, Mr. M.P. Kale, Mr. K. N. Shermale
Ikba s/o Chandulal Shaikh, Lahu /o Tulshiram Gaware, Sambhaji s/o Digambar Kachgunde, Bajrang s/o Vitthal Hake
The State of Maharashtra, Krushna s/o Bhikaji Pawar, Shital w/o Krushna Pawar, Sanjay s/o Bhikaji Pawar
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal revision applications against conviction and sentence, with a reference to a larger bench on the question of maintainability without surrender.
Remedy Sought
The applicants/petitioners sought to have their revision petitions entertained and sentence suspended without surrendering to custody.
Filing Reason
The convicts' appeals against conviction were dismissed, and they filed revisions under Section 397 Cr.P.C. without surrendering, raising the question of whether the High Court can entertain such revisions and suspend sentence without surrender.
Previous Decisions
The appeals against conviction were dismissed by the lower appellate court, leading to the filing of revisions.
Issues
Whether in the absence of Rules the High Court while exercising the revisional jurisdiction under Section 397 of the Code of Criminal Procedure can entertain the revision even when the convict whose appeal against conviction has been dismissed, has not surrendered?
Whether while exercising the revisional jurisdiction under Section 397 of the Code of Criminal Procedure the High Court can suspend the sentence without the accused having surrendered, as a matter of course?
Submissions/Arguments
Not mentioned in the provided text.
Ratio Decidendi
The revisional jurisdiction under Section 397 Cr.P.C. requires the convict to surrender to custody after dismissal of appeal, as the court must have control over the person. Sentence suspension is not automatic and cannot be granted without surrender.
Judgment Excerpts
Whether in the absence of a Rule regulating the procedure framed by the High Court for admission or listing the Revision without surrender, the High Court under revisional jurisdiction under Section 397(1) of the Cr.P.C. shall suspend the sentence without the surrender or arrest of the accused for sending him to jail for the execution of the sentence, as a matter of course ?
Having heard the learned advocates and the learned A.P.P., in our considered view, as far as the first issue is concerned, the decision of the Supreme Court in the matter of Bihari Prasad Singh Vs. State of Bihar; (2000) SCC (Cri) 1380
Procedural History
The criminal revision applications were filed after the dismissal of appeals against conviction. A reference was made to a larger bench to determine the question of maintainability without surrender and automatic suspension of sentence. The judgment was reserved on 03.11.2023 and pronounced on 05.01.2024.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 397, Section 397(1)
