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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VINAY SARAF
Satish Sharma – Appellant
Versus
Dharmendra Shukla – Respondent
ORDER :
VINAY SARAF, J.
The instant criminal revision petition is preferred under Section 397 /401 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence passed by Additional Sessions Judge, Jabalpur in Criminal Appeal No.296/2024, whereby the conviction of applicant under Section 138 of Negotiable Instruments Act has been maintained and the judgment delivered by Judicial Magistrate First Class, Jabalpur in SCNIA No.1153/18 on 24.9.2024, was upheld.
2. As the applicant is not in custody, I.A. No.8402/2025 was filed for exemption to surrender on behalf of applicant. The applicant has not surrendered before the appellate Court or the trial Court and the present criminal revision petition has been preferred by the applicant, without being in custody.
3. Heard on I.A. No.8402/2025 as well as on the question of maintainability of the revision petition.
4. Learned counsel for the applicant submits that there is no provision under Code of Criminal Procedure to maintain the criminal revision petition against conviction only after surrendering or remaining in jail. He submits that applicant is permanent resident of District Indore and ready to furni
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.
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 criminal revision must be accompanied by surrendering before the trial court to be maintainable, as established by Supreme Court precedent.
Surrender is mandatory for criminal revision applications under Rule 48 of Madhya Pradesh High Court Rules, and exemptions can only be granted in exceptional cases, supported by robust medical eviden....
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.
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.
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