Revisional bail without physical surrender may be granted where special circumstances justify suspension of sentence in cheque dishonour cases.

Revisional powers under sections 397 and 401 CrPC, read with section 389(3), were considered sufficient to entertain a criminal revision and grant suspension of sentence and bail even though the convicted applicant had not physically surrendered. Physical custody was not treated as an absolute precondition where the statute did not require dismissal for non-surrender and the circumstances justified relief. The relevant factors included a one-year sentence, substantial deposit towards compensation, the applicant's age and ailments, and the summary nature of the section 138 Negotiable Instruments Act conviction. Special circumstances can therefore support enlargement on bail in revision.

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Issues: Whether the revisional court could entertain the revision and grant suspension of sentence and bail even though the convicted applicant was not in physical custody, and whether special circumstances justified such relief in a conviction under section 138 of the Negotiable Instruments Act, 1881.

Analysis: The order considered the scope of revisional powers under sections 397 and 401 of the Code of Criminal Procedure, 1973, together with the power to suspend sentence and release a convicted person on bail under section 389(3) of that Code. It was noted that there was no statutory requirement compelling dismissal of a revision merely because the applicant had not surrendered, and that the sentence imposed was only one year's simple imprisonment. The Court also took into account the substantial deposit towards compensation, the age and ailments of the applicant, the summary nature of the offence, and the prevailing special circumstances.

Conclusion: The revision was maintainable, and the Court granted suspension of sentence and bail without treating physical custody as an absolute precondition.

Final Conclusion: Special circumstances can justify suspension of sentence and enlargement on bail in revisional proceedings arising from a conviction under section 138 of the Negotiable Instruments Act, 1881, even where the applicant has not physically surrendered.

Ratio Decidendi: Absence of physical custody is not, by itself, a bar to entertaining a criminal revision or granting suspension of sentence where the statute confers revisional power and the facts justify discretionary relief.

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