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VISHAL DHAGAT
SANJAY NAGAYACH – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
JUDGMENT :
(Vishal Dhagat, J.) :
Applicant has filed revision against judgment dated 6-2-2024 passed by Additional Sessions Judge Pawai District Panna in Criminal Appeal No. 09/2018 by which sentence of applicant has been enhanced.
2. Learned Senior Advocate appearing for the applicant submitted that notice is required to the applicant before enhancing the sentence. Notice of appeal and notice of enhancement of sentence cannot be said to be same thing. In this case, no notice has been issued. Substantial question of law has been raised by the applicant in this revision for consideration. It is also argued on behalf of applicant that surrendering of applicant is not necessary while preferring criminal revision before this Court. Relying on section 397 of the Code of Criminal Procedure, 1973, learned Senior Advocate submitted that if Court is satisfied regarding impropriety or illegality in the proceedings and call for the records for examination then Court may direct execution of sentence or order be suspended, and if applicant is in confinement, he may be released on bail. There is no bar under section 397 for not entertaining the application until accused is in confinement. Reliance
An accused can file a revision and seek suspension of sentence without being in confinement, as per sections 397 and 389 of the Code of Criminal Procedure.
A convict is not required to surrender when filing a criminal revision unless the sentence has not been suspended, but must declare custody status.
The main legal point established in the judgment is the mandatory requirement for a convicted person to surrender after their conviction for a revision petition to be tenable, as per Rule 48 of the M....
A convicted individual must surrender before the court to maintain a revision under Sections 397 and 401 of the Criminal Procedure Code, as per the Allahabad High Court Rules.
Rule 48 of the M.P. High Court Rules mandates that a convicted person must surrender or be in custody to maintain a criminal revision petition, barring exceptions for suspended sentences.
The appellate court's power to suspend sentences under Section 389 Cr.P.C is limited to exceptional circumstances; failure to comply with procedural rules results in denial of suspension.
A criminal revision must be accompanied by surrendering before the trial court to be maintainable, as established by Supreme Court precedent.
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