DEVNARAYAN Vs. PRATEEK GOYANKA

JUDGEMENT

(1.) This Criminal revision under Sec. 397 read with Sction 401 of the Criminal Procedure Code, 1973 (hereinafter to be referred to as "CRPC") has been filed by the applicant against the judgement dtd. 15/4/2024, passed by the Additional Sessions Judge and Special Judge Electricity in CRA.No.219/2022; whereby, the learned additional Sessions Judge has dismissed the appeal preferred by the appellants against the order dtd. 11/7/2022 passed by the learned JMFC Indore, along with an application for suspension of sentence. Admittedly, the petitioner has not surrendered before the District Appellate Court.

(2.) Although, no application for exemption from appearance has been filed, however, Shri Ajay Jain, learned counsel appearing for the petitioner has submitted that the petitioner is, and was not required to surrender before the District Appellate Court even after his conviction, as it is not mandatory for the petitioner to do so as has already been held by the coordinate Bench of this Court at principal Seat at Jabalpur, in the case of Sanjay Nagayach Vs. State of Madhya Pradesh in CRR.No.729/2024 vide order dtd. 20/2/2024, wherein this Court has also considered Rule 48 of Chapter X of the M.P. High Court Rules and Orders, and has held there is no requirement for a convict to surrender or to remain in jail for filing a criminal revision.

(3.) Heard. On due consideration, and on perusal of the judgment rendered by the Coordinate Bench of this Court at Principal Seat at Jabalpur in the case of Sanjay Nagayach (supra), it is found that although the learned single judge has referred to Rule 48 of the Chapter X of MP High Court Rules and Order, however, this court has also come across an earlier decision by the coordinate Bench of this Court at Gwalior in the case of Deepak Sahu v. State of M.P., reported as 2012(3)MPLJ 534/2012 SCC On Line MP 808, which has already taken note of the aforesaid Rule 48, and it has already been held that it is necessary for a person, who has filed a criminal revision against an order of conviction by the District Appellate Court, to surrender before the District Appellate Court, before filing the criminal revision in the High Court.