Plea For Suspension Of Sentence Maintainable Even If Accused Did Not Surrender After Conviction: Punjab & Haryana High Court

The Punjab and Haryana High Court has clarified that an application for suspension of sentence filed along with criminal revision petition challenging conviction in a criminal case is maintainable before the High Court, even if the convict has not surrendered post-conviction.

Justice Sumeet Goel said,

"A criminal revision petition against the judgments of conviction (as also an application for suspension of sentence, etc.) is maintainable before this High Court, without the petitioner-accused having surrendered or being in custody, in the absence of any rule in the extant Punjab and Haryana High Court Rules/Orders proscribing such maintainability."

The Court explained that, though such revision petition etc. would be maintainable in stricto-sense but desirability to entertain the same would depend upon the cause put forth by such petitioner. To say, by way of simile, the difference between “maintainability of a petition” and “desirability to entertain a petition” is as distinct and stark as the difference between chalk and cheese, said the Court.

It further added that, "the desirability of entertaining such a petition is not automatic but is contingent upon several factors, including, but not limited to, the overall conduct of petitioner-accused; the sufficiency & bona fides of the reasons advanced for non-appearance before the Appellate Court; demonstrable submission of petitioner-accused to the jurisdiction & authority of the courts of law. In this context, the Court, while exercising its revisional jurisdiction, is not merely to be guided by the absence of a procedural bar but is enjoined to exercise a judicious discretion."

The Court was hearing a revision filed by a convict in a fraud case under Sections 420 and 34 of the IPC challenging the conviction, along with an application for grant of time to surrender and another application for suspension of substantive sentence during the pendency of the present criminal revision petition.

After hearing the submissions, the Court considered "the maintainability of a criminal revision petition and application for extension of time to surrender and/ or for suspension of sentence, when such applicant/petitioner has not surrendered and is not in custody."

Stating that such pleas will be maintainable the Court added that, the mere maintainability of a revision petition (as also an accompanying application for suspension of sentence) does not, ipso facto, translate into its desirability.

Justice Goel observed that, where the conduct of the petitioner-accused reflects evasion or contumacious disregard of process of law, the Court must lean against the grant of suspension of sentence, lest, it may tantamount to condoning inexplicable defiance of judicial process.

In the present case, Considering that the petitioner is suffering with heart disease and of 62 years old, the Court granted him time to appear before the Court and adjourned the matter to hear the plea for suspension and revision.

Mr. Sandeep Singh, Advocate for the petitioner.

Mr. Gurpartap S. Bhullar, AAG Punjab.

Citation: 2025 LiveLaw (PH) 317

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