Law:

Section:

(a) Criminal Procedure Code (V of 1898)------S. 426---Penal Code (XLV of 1860), Ss. 420/161---Prevention of Corruption Act (II of 1947), S.5(2)---Cheating and dishonestly inducing delivery of property, public servant taking gratification other than legal remuneration in respect of an official act, criminal misconduct---Suspension of sentence---Principles---Surrender before police not a condition precedent under S.426, Cr.P.C.---Appearance before court amounting to surrender---Scope---Accused filed petition for suspension of sentence before the High Court but same was not considered and dismissed on the ground that accused remained an absconder for one month after the pronouncement of the against him---Contentions of the accused were that the High Court could not have summarily dismissed his petition for suspension of sentence having entertained the appeal against his conviction; that S.426, Cr.P.C., had two parts; one pertained to a situation when appeal was filed along with a petition for suspension for sentence and the accused might not be in confinement, whereas the second part of the said section was relatable to circumstances when accused had been arrested and was in lockup and filed a petition for suspension of sentence and release, and that the court seized of the appeal could suspend the sentence in both the eventualities---Validity---Section 426, Cr.P.C., had two parts, one part was relatable to a situation when a petition for suspension was filed along with the appeal and the convict had not surrendered before the police but appeared before the court, in such a situation the court may "order that the execution of the sentence or order appealed against be suspended"---Second part of S.426, Cr.P.C., was relatable to a situation when the convict had already been arrested and for such an eventuality S.426, Cr.P.C., stipulated that "and, also if he is in confinement, that he be released on bail or on his own bond"--- Contention that appearance before the court in a petition under S.426, Cr.P.C., was not equivalent to surrender was not tenable---In the present case, accused had appeared before the High Court which amounted to surrender and the court could…

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