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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
RAJENDRA KUMAR VANI
Vinod Raghuwanshi – Appellant
Versus
Ajay Arora – Respondent
| Table of Content |
|---|
| 1. application for exemption from surrender. (Para 1 , 2) |
| 2. opposition to exemption request. (Para 3) |
| 3. court's analysis of legal rules. (Para 4 , 5) |
| 4. legal precedents affecting surrender rules. (Para 6 , 7) |
| 5. discussion on rule 48's implications. (Para 8 , 9) |
| 6. interpretation of exemption from surrender. (Para 10 , 11 , 12 , 13) |
| 7. decision on application dismissal. (Para 14 , 15) |
JUDGMENT :
RAJENDRA KUMAR VANI, J.
In the considered opinion of this Court I.A. No.17672/2025, which is an application for exemption from surrender filed in this revision is to be considered first and accordingly arguments are heard on that application.
2. Learned counsel for the applicant/revisionist submits that the present applicant is not in a position to appear before the Court and to surrender himself before the Court as he is suffering from server ailments and therefore, he has been admitted in hospital in respect of which medical documents have been filed along with the present application i.e. I.A. No.17672/2025 including MRI report and prescriptions. Certain latest medical documents have also been filed along with I.A. No.5203/2025 which pertain to treatment availed by the present
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....
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.
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.
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....
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.
Exemption from surrendering in special leave petitions is only applicable when the petitioner has been sentenced to imprisonment, as per Order XXII Rule 5 of the Supreme Court Rules, 2013.
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