ORDER

Heard on I.A.No.1578/2023, an application for exemption of the applicant from surrendering before the authorities.

2. Reliance is placed on the case of Vivek Rai Vs. State of Jharkhand, reported in (2015) 12 SCC 861.

3. Learned counsel for the respondent/State has opposed the prayer of exemption from surrendering before the authorities.

4. Applicant has been convicted for commission of offence under Section 7(i) and 7(iii), read with Section 16(1)(A)(i) of Prevention of Food Adulteration Act and has been sentenced to 6 months R.I. and fine of Rs.1,000/- with default stipulations by JMFC, Khandwa vide judgement dated 03.11.2017, passed in Criminal Case No.174/2011. An appeal was preferred assailing the judgement of conviction and order of sentence. Learned 1st ASJ, District Khandwa by appeal judgement dated 02.11.2022, passed in Cr.A.No.199/2017 (Daulat Singh Vs. State of M.P.) affirmed the judgement passed by the trial Court and dismissed the appeal. Applicant instead of surrendering before the trial Court for undergoing the jail sentence has filed this revision which is pending since 05.11.2022.

5. Hon'ble Apex Court in the case of Vivek Rai (supra) has held that High Court in its inherent power if consider appropriate grant exemption from surrendering having regard to the nature and circumstances of the case. It is noteworthy that Rule 48, Chapter X of the High Court of Madhya Pradesh Rules, 2008 makes it mandatory that a memorandum of appeal or revision petition against conviction, except in cases where the sentences has been suspended by the Courts below, shall contain a declaration to the effect that the convicted person is in custody or has surrendered after the conviction.

6. In the case at hand, the exemption from surrender has been sought only on the basis of one medical Parcha issued by one Dr. Abhnimanyu Jaiswal that applicant is suffering from infective hepatitis, therefore, he needs one month and fifteen days rest. Aforesaid medical Parcha were got prepared on 01.11.2022 and 20.12.2022. No medical papers have been filed to demonstrate that applicant was ever treated for the said disease or any medicines were prescribed for the same. Thus, it is apparent that aforesaid two Parchas have been got prepared to defeat provisions of High Court rules with a view to create a false ground for exemption from surrendering. Thus, it is obvious that no sufficient and plausible reasons have been shown for grant of exemption from surrendering before the trial Court in the light of law laid down in Vivek Rai (Supra)'s case. Therefore, this Court do not find any just and plausible reason to exercise its inherent power and to exempt the applicant from surrendering before the trial Court from undergoing the jail sentence.

7. Consequently, I.A.No.1578/2023, an application for exemption of the applicant from surrendering before the authorities is dismissed.

8. As applicant has not surrendered so far despite elapse of more than 14 months of appellate Court judgement, this revision in light of Rule 48, Chapter X of the High Court of Madhya Pradesh Rules, 2008 being not maintainable is dismissed.

9. Trial Courts' record along with a copy of this order be sent down to Courts concerned through Sessions Judge, Khandwa for compliance.

(DINESH KUMAR PALIWAL) JUDGE Jasleen