criappln2233.11 1 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 : 24 th August, 2011 PER COURT : 1 This application for bail during pendency of the revision application is moved by the applicant on 25-6-2011. 2 It appears that the criminal appeal filed by the applicant was 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 criappln2233.11 2 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. criappln2233.11 3 3 Parties to act on the authentic copy of this order duly signed by the associate of the Court. ( A.V. POTDAR, J.) dyb