Devnarayan vs Prateek Goyanka - 2024 Supreme(MP) 524

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2024 Supreme(MP) 524

SUBODH ABHYANKAR
Devnarayan – Appellant
Versus
Prateek Goyanka – Respondent

Advocates Appeared:
For the Petitioners: Shri Ajay Jain, learned counsel.

JUDGMENT :

(Subodh Abhyankar, J.)

1. This Criminal revision under Section 397 read with Sction 401 of the Criminal Procedure Code, 1973 (hereinafter to be referred to as “CRPC”) has been filed by the applicant against the judgement dated 15.4.2024, passed by the Additional Sessions Judge and Special Judge Electricity in CRA.No.219/2022; whereby, the learned additional Sessions Judge has dismissed the appeal preferred by the appellants against the order dated 11/7/2022 passed by the learned JMFC Indore, along with an application for suspension of sentence. Admittedly, the petitioner has not surrendered before the District Appellate Court.

2. Although, no application for exemption from appearance has been filed, however, Shri Ajay Jain, learned counsel appearing for the petitioner has submitted that the petitioner is, and was not required to surrender before the District Appellate Court even after his conviction, as it is not mandatory for the petitioner to do so as has already been held by the coordinate Bench of this Court at principal Seat at Jabalpur, in the case of Sanjay Nagayach Vs. State of Madhya Pradesh in CRR.No.729/2024 vide order dated 20.2.2024, wherein this Court has also