IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 319 OF 2008 IN CRIMINAL REVISION APPLICATION NO. 83 OF 2008 SHRI. MUBARAK SHILEDAR ... Applicant Versus STATE THROUGH PUBLIC PROSECUTOR ... Respondent Mr. V. A. Lawande,Advocate for the applicant. Mrs. W.Coutinho,Public Prosecutor for the respondent. Coram:- A. P. LAVANDE, J. Date:- 18th December, 2008 P.C. 1. Heard Mr.V.A.Lawande,learned Counsel for the applicant and Mrs. Coutinho, learned Public Prosecutor for the respondent. 2. By this application, the applicant seeks suspension of sentences and bail pending the hearing and final disposal of the revision application. The applicant was convicted by the learned Judicial Magistrate, First Class, Bicholim in Criminal Case No.22/S/2007/A by the judgment and order dated 17.07.2008 and sentenced to undergo simple imprisonment for 3 months and to pay fine of Rs.1,000/- for the offence under Section 279 of Indian Penal Code and in default, to undergo simple imprisonment for one month and in respect of Section 304-A of Indian Penal Code, the applicant was sentenced to undergo rigorous imprisonment for 2 months and to pay compensation of Rs.10,000/- under Section 357 of Criminal Procedure Code to the parents of the victim boy Mahesh Satenhalli. 3. The Lower Appellate Court maintained the conviction and sentences imposed on the applicant, however, granted time of 15 days to the applicant to surrender for undergoing the sentences imposed upon him. According to the applicant, he surrendered before the learned Magistrate on 11.12.2008 whereas according to the respondent, the applicant was taken into custody pursuant to non-bailable warrant issued by the learned Magistrate. 4. Mr. Lawande, learned Counsel for the applicant submitted that the applicant is a driver, who has got minor son of 2 years old and in case the substantive sentences are not suspended, serious prejudice would be caused to the applicant and his family members. He further submitted that the applicant shall comply with the judgment that may be ultimately passed by this Court and he will not abscond. 5. Per contra, Mrs. Coutinho, learned Public Prosecutor submitted that since the applicant did not surrender in terms of the order passed by the Lower Appellate Court and the applicant was taken into custody pursuant non-bailable warrant issued by the learned Magistrate, this is not a fit case for suspension of substantive sentences imposed on the applicants. Ms. Coutinho further submitted that if the substantive sentences imposed on the applicant, are suspended, he may abscond. 6. I have considered the submissions made by the learned Counsel for the applicant and the learned Public Prosecutor for the respondent and perused the record. 7. In so far as the order passed by the Lower Appellate Court granting time to the applicant to surrender to undergo the sentences is concerned, in my opinion, the same is patently without jurisdiction. By separate detailed order passed today in Criminal Miscellaneous Application No.302/2008, I have held that such a power is not vested in the Lower Appellate Court. Be that as it may, the fact remains that the Lower Appellate Court had granted 15 days time to the applicant to surrender and in spite of time being granted, he did not surrender. I have no reason to disbelieve the version of the respondent that the applicant was arrested pursuant to non-bailable warrant issued by the learned Judicial Magistrate, First Class, Bicholim. The apprehension of the respondent that the applicant may abscond, if the sentences imposed on him, are suspended, can be taken care of by imposing appropriate conditions. 8. Considering the quantum of substantive sentences imposed on the applicant and considering the facts and circumstances of the case, the substantive sentences imposed on the applicant by the learned Magistrate, which have been confirmed by the Lower Appellate Court, are suspended pending the hearing and final disposal of the revision application, upon the applicant executing bail bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned Judicial Magistrate, First Class, Bicholim and subject to the following conditions : i) The applicant shall deposit the fine amount of Rs.1,000/- and compensation of Rs.10,000/- in the Court of Judicial Magistrate, First Class, Bicholim, if not already deposited, before executing the bail bond. ii) The applicant shall report at Bicholim Police Station on every Sunday between 10.00 a.m. to 11.00 a.m. iii) The applicant shall personally remain present in this Court at the time of final hearing of the revision application. The application stands disposed of. A. P. LAVANDE, J. SMA