Revisional suspension of sentence requires surrender after affirmance of conviction; absent compliance, relief is unavailable.

Revisional suspension of sentence is unavailable where a convict has not surrendered after the appellate court has affirmed the conviction and substantive sentence. Reading Sections 397, 387 and 353(6) of the Code of Criminal Procedure together, the HC held that suspension in revision is confined to a sentence that remains executable in law and fact, and that the appellant must comply with the appellate judgment by surrendering before seeking such relief. As the petitioner had remained absent despite efforts to secure his presence, the request for suspension of sentence was rejected and the application dismissed.

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Issues: Whether suspension of sentence in revision can be granted to a convict who has not surrendered after the appellate court upheld the conviction.

Analysis: The application sought suspension of sentence during the pendency of revision. The Court held that revisional power under Section 397 of the Code of Criminal Procedure, 1973 permits suspension of execution of sentence only where the sentence remains executable in law and in fact. Reading Sections 387 and 353(6) together, the Court accepted that the subordinate appellate court was obliged to secure the accused's presence for pronouncement of judgment and that, once conviction with substantive sentence stood confirmed, the appellant was bound to surrender. Since the petitioner had absented himself despite efforts made to secure his presence, the Court held that he could not seek suspension of sentence in revision without first complying with the appellate judgment.

Conclusion: The request for suspension of sentence was rejected, and the application was dismissed.

Final Conclusion: A convict who fails to surrender after affirmance of conviction cannot obtain suspension of the sentence in revisional proceedings on that basis.

Ratio Decidendi: Revisional suspension of sentence is unavailable where the conviction and substantive sentence have been affirmed and the convict has not surrendered in compliance with the appellate judgment.

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