ORDER

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. The question arose whether in the revisionary jurisdiction, it was mandatory for the convicted accused to surrender or not.

3. To this, learned counsel for the petitioner referred to the judgment rendered by Jaipur Bench of this Court in Vishnu Teli Vs. The State of Rajasthan & Anr. (S.B.Criminal Revision Petition No.1733/2009), decided on 25.11.2010, relevant portion reads as under :-

'Therefore, this Court is of the opinion that the non-surrender of the appellant or revisionist would not make the appeal or the petition non-maintainable. The non-surrender would merely mean that the appeal or the petition has not been presented properly before the registry. Therefore, the preliminary objection raised by the learned Public Prosecutor is unacceptable.

Both, the accused person and the complainant are present before this Court; they have been duly identified by their respective counsel; a compromise, entered between the parties, has also been produced before this Court; the same