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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
RAJENDRA KUMAR VANI
Vinod Raghuwanshi – Appellant
Versus
Ajay Arora – Respondent
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 revisionist. Looking to these documents, it is apparent that the present revisionist is bedridden and is unable to appear and surrender before the Court. It is also submitted that the decision in the case of Vivek Rai and Another v. High Court of Jharkhand , (2015) 12 SCC 86 has been considered in later case of Daulat Singh v. State of MP , SLP (Criminal) No.20900/2024 wherein disagreement has bee
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 criminal revision must be accompanied by surrendering before the trial court to be maintainable, as established by Supreme Court precedent.
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.
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