2016 (3) TMI 1427

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....ction 397 Cr.P.C. seeking suspension of sentence during the pendency of the revision petition. Admittedly, petitioner has not surrendered after his conviction was upheld by the appellate court. Stand of counsel for the petitioner is that Section 397 Cr.P.C. does not provide that a petitioner is required to surrender before his application for suspension of sentence can be considered. According ....

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....forts were made by the court to secure his presence and nonbailable warrants were also issued but the petitioner failed to appear. Under the circumstances, I do not find any ground for suspending the sentence awarded to the applicant. Even otherwise, the plea that convict can resort to remedy of revision without any necessity to surrender in compliance with the judgment delivered by the appella....

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....87 also the words used are "shall apply". The proviso to Section 387, therefore, shall stand controlled by the provisions contained in Section 353 (5) and 353 (6) and, therefore, the subordinate appellate Court will be obliged to secure the presence of accused/appellant before it for pronouncement of judgment except in the cases wherein the judgment is of acquittal or one of fine only. On....