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TMI Blog2016 (3) TMI 1427X X X X Extracts X X X X X X X X Extracts X X X X ..... ntence 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 to him, it is discretion of this court to su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sence 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 appellate court, is unacceptable. Observations of the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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. Once the presence of appellant-accused is secured or the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be suspended and the accused if in confinement would be released on bail. Needless to observe that in case sentence remains unexecuted even after being upheld by lower appellate court, there would no occasion for suspending the same. Thus, this court has no hesitation in holding that petitioner, who does not abide by the order of the lower appellate court and fails to surrender, his prayer in re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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