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1995 Supreme(Bom) 375

R.M.LODHA
Dilip Ramchandra Umare – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - Lodha R.M., J.:—Heard Smt. K.V. Sirpurkar, learned Counsel for the applicant. Rule returnable forthwith. Shri K. S. Dhote, Additional Public Prosecutor, waives service on behalf of the State. At the request of both the learned Counsel, this revision application is heard and disposed of at this stage finally.

2. The first and foremost point which requires to be considered before I advert to the arguments advanced by the learned Counsel for the applicant, is whether the lower Appellate Court under the Code of Criminal Procedure, 1973 has power to suspend the sentence or grant bail to enable the accused to prefer Revision Application before High Court after the appeal against the conviction and sentence has been decided. In large number of cases, it has been found that the Sessions Judge, Additional Sessions Judge, the Joint Sessions Judge, or the lower Appellate Court as the case may be, suspends the sentence for some time even after disposal of appeal against the conviction and sentence to enable the accused to prefer Revision Application before High Court and obtain appropriate orders. The Code of Criminal Procedure does not confer any inherent jurisdiction on the lower




























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