DEEPAK SAHU Vs. STATE OF MP

JUDGEMENT

(1.) On 19.1.2012 a question arose before this Court whether this Criminal Revision is tenable despite the fact that petitioners have not surrendered before the Court below at the time of judgment and are still not in custody. In other words, if the convicted person is not in custody or has not surrendered after his conviction and his sentence is not suspended by Court below, whether revision would be tenable. Shri Rajesh Shukla, Learned Counsel for the petitioners by placing reliance on the language of Section 397 of Cr.P.C. and judgment of Apex Court in Bihari Prasad Singh Vs. State of Bihar and Another, 2000 10 SCC 346 submits that there is no prohibition/requirement under the Cr.P.C. which compels the accused to surrender before filing of a revision. He also placed reliance on a judgment of this Court Kishore Virvani Vs. V.N. Gangrade,2009 CrLR 801. On the basis of these judgments, the Learned Counsel submits that there is no compulsion and requirement to surrender after conviction for entertaining the criminal revision.

(2.) Per contra, Mrs. Sangeeta Pachauri, learned P.P. and Shri V.K. Saxena, learned Senior Advocate for the complainant submit that Chapter 10, Rule 48 of High Court of M.P. Rules, 2008 makes it obligatory for the accused to surrender and only then revision would be tenable.

(3.) I have heard the Learned Counsel for the parties at length.