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.

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 furnish adequate security thus he be exempted from surrendering before trial Court and the revision petition be entertained without surrendering. He further submits that it is not mandatory for the applicant to surrender before the Court as per Rule 48 Chapter X of the M.P. High Court Rules, 2008 and the Court can consider the exemption application, in case where it is necessary, in the interest of justice and grant exemption to the applicant from surrendering.

5. Learned counsel for the applicant relied on the order passed by the coordinate Bench in CRR No.2640/2024 (Smt. Deepa Ragde vs. Shri Neelesh Chourasiya) on 28.6.2024, whereby the exemption was granted and jail sentence was suspended, despite the applicant was not in custody. He further relied upon the order passed by coordinate Bench in CRR No.729/2024 (Sanjay Nagayach vs. State of M.P.) on 20.2.2024, wherein the coordinate Bench after relying upon the order delivered by Madras High Court and Kerla High Court, held that there is no requirement for surrendering before the Court and to be confined or in jail for preferring criminal revision before the High Court. He further relied upon the judgment delivered by Rajasthan High Court in the matter of Sunil Sharma and others vs. Om Prakash Porwal and others , 2020 (4) RLW 2776 (Raj.), wherein the permission was granted to maintain the criminal revision, without being in custody. He prayed for grant of similar relief and exemption to the applicant from surrendering before the trial Court.

6 . Rule 48 Chapter X of the High Court of M.P. Rules, 2008 reads as under:-

"48. A memorandum of appeal or revision petition against conviction, except in cases where the sentence has been suspended by the Court below, shall contain a declaration to the effect that the convicted person is in custody or has surrendered after the conviction. Where the sentence has been so suspended, the factum of such suspension and its period shall be stated in the memorandum of appeal or revision petition, as also in the application under Section 389 of the Code of Criminal Procedure, 1973. An application under Section 389 of the Code of Criminal Procedure, 1973 shall, as far as possible, be in Format No. 11 and shall be accompanied by an affidavit of the appellant/applicant or some other person acquainted with the facts of the case."

7. The only question for consideration is as to whether a person whose criminal appeal has been dismissed can maintain a criminal revision w