The court rejected an application for bail pending revision because the applicant, whose criminal appeal was dismissed, failed to surrender despite a prior 15-day order granting time to do so.
Bail application rejected; warrant of arrest issued; lower court directed to submit report of arrest within a week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2233 OF 2011
Ananda s/o Marotrao Shrirame
.. APPLICANT
VERSUS
The State of Maharashtra
.. RESPONDENT
Mr. H.V. Patil, advocate for the applicant. Mrs. Y.M. Kshirsagar, APP for the State.
=====
CORAM : A.V. POTDAR, J. DATE : 24th August, 2011
PER COURT :
moved by the applicant on 25-6-2011.
dismissed on 30-4-2011. The applicant was on bail during the pendency of
trial so also during the pendency of the criminal appeal. According to
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learned counsel for the applicant, 15 days time was granted to the
applicant to surrender. Certified copy of that order is not before this court. It is a fact that after the criminal appeal came to be dismissed on 30-4-2011 till
this date, the applicant has not surrendered himself before the court below. Learned counsel for the applicant intends to rely on the judgment reported
in 1999 DGLS (Soft.) 721 in the matter of Bihari Prasad Singh vs. State of Bihar
wherein it is stated that surrender of the accused is not a condition precedent to entertain the criminal revision application under section 397 of the Code of Criminal Procedure. Here, it is required to be made clear that
admission of the revision before the court of revision is different from surrender of the applicant / accused whose criminal appeal is dismissed on merits. If the applicant does not intend to surrender inspite of some specific
time given to him, this is nothing but mockery of the law. Such practices are to be deprecated. In view of this, bail application moved and pending since last three months is hereby rejected. Lower Court to issue warrant of arrest against the applicant and to submit report of arrest within a week. Learned APP to inform this order for its compliance to the concerned Superintendent of Police.
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associate of the Court.
( A.V. POTDAR, J.)
dyb
2 issues framed by the court
Whether bail can be granted during pendency of a revised application when the criminal appeal has been dismissed on merits and the applicant has not surrendered after being granted time.
Whether surrender is a condition precedent for entertaining a criminal revision under section 397 CrPC.
Colour shows how this judgement treated each authority
Bihari Prasad Singh vs. State of BiharReferred¶23
1999 DGLS (Soft.) 721
1 provisions across 1 enactments
Ananda s/o Marotrao Shrirame
The State of Maharashtra
A.V. Potdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
