Section 397, CrPC| High Court May Suspend Sentence Without Surrender, Arrest Of Accused While Exercising Revisional Jurisdiction: Bombay HC

A criminal revision was filed while raising two questions of law:

1) Whether in the absence of Rules the High Court while exercising the revisional jurisdiction under Section 397 of the Code of Criminal Procedure can entertain the revision even when the convict whose appeal against conviction has been dismissed, has not surrendered?

2) Whether while exercising the revisional jurisdiction under Section 397 of the Code of Criminal Procedure the High Court can suspend the sentence without the accused having surrendered, as a matter of course ?

The Court analysed the provisions of CrPC to hold that the High Court is free to exercise its discretion to decide whether the accused has to be exempted from the requirement to surrender or if a warrant has to be issued so that law can take its course.

A Division bench of Justice Mangesh S. Patil and Justice S.G. Chapalgaonkar observed that “taking into consideration the facts and circumstances, the High Court in exercise of the revisional jurisdiction could exercise the discretion to suspend the sentence even without the accused surrendering himself or is arrested. Conversely, though it can still decide the revision, it may simultaneously direct that a warrant is issued as contemplated under Section 418, so that the law could take its course...”

Advocate K. N. Shermale appeared for the Petitioner and Advocate A.S. Shinde appeared for the Respondent.

While discussing the first issue, the court placed reliance on the case of Bihari Prasad Singh v. State of Bihar; (2000) SCC (Cri) 1380. The Court observed that “in the absence of the rules the High Court cannot refuse to entertain and decide the revision even when the accused has not surrendered.”

While dealing with the second issue the court gave consideration to Sections 353(5), 353(6) and Section 418 of the CrPC. In furtherance to the same, it was held that “the High Court may suspend the sentence without the surrender or arrest of the accused.”

The Court thus held that while the High Court cannot outrightly refuse to entertain a revision due to the absence of rules regarding surrender, it does possess the authority, under its inherent powers and supervisory jurisdiction, to ensure compliance with the relevant sections of the Cr.P.C. and can decide to suspend a sentence with or without the accused surrendering.

Cause Title: Ikba & Anr. v. The State Of Maharashtra & Ors., [2024:BHC-AUG:202]

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