Bajrang Vitthal Hake vs The State Of Maharashtra
2022 Latest Caselaw 12585 Bom

                                                                 320.22 REVISION.odt
                                                 1


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

              73 CRIMINAL REVISION APPLICATION NO.320 OF 2022
                  WITH APPLN NO.3644/2022 IN REVN/320/2022

                       BAJRANG S/O VITTHAL HAKE
                                 VERSUS
                       THE STATE OF MAHARASHTRA
                                    ...
          Mr.K.N. Shermale, advocate for applicant.
          Mr.S.B. Narwade, APP for respondent/State.
                                   ...
                                CORAM : S.G. MEHARE, J.

DATE : DECEMBER 05, 2022 PER COURT :-

. Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State at length.

2. The applicant is seeking suspension of sentence after dismissal of the appeal by the learned Additional Sessions Judge. The order of suspension was passed on separate application. The notice was served upon the learned Public Prosecutor. He has raised a serious objection that suspension of sentence presupposes confinement or pre-surrender. To support his contention, he places reliance on the judgment of the Hon'ble Supreme Court in case of Vivek Rai and another Vs. High Court of Jharkhand through Registrar General and others reported in 2015 AIR (SC) 1088.

3. Per contra, the learned counsel for the

320.22 REVISION.odt

applicant has vehemently argued that this Court has taken a view in the case of Popat Dattatraya Ajabe Vs. State of Maharashtra in Criminal Application No.1238/2020 in Criminal Revision Application No.89/2020 dated 3rd August, 2020 and in the case of Fazal Khalil Ahmed Shaikh Vs. Nandkishor Ramnivasji Agrawal and one another in Criminal Application No.2743/2019 in Criminal Revision Application No.323/2019 dated 12th June, 2020, that surrender is not the pre-condition to suspend the sentence, in revision petition. .

4. After hearing the arguments of the learned respective counsel, the question falls for consideration is whether in revision filed under the provisions of Criminal Procedure Code i.e. under section 397 r/w section 401 of Criminal Procedure Code, the petitioner, without surrendering his bail bonds, can claim suspension of sentence and bail.

5. The arguments of the learned counsel shows that they are conflicting on the legal position. Hence, the judgment is reserved. However, till this application is decided, the applicant shall not be arrested.

(S.G. MEHARE, J.) SGA