BIHARI PRASAD SINGH ALIAS BIHARI BABU Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision arises out of case No. 97(C)/87 Tr. No. 553/91 of the Court of Shri Md. Akram Rizbi, Judicial Magistrate, 1st Class, Patna. The Trial Court convicted the petitioner and sentenced him to undergo rigorous imprisonment for six ' months under Section 420 of the Indian Penal Code, by judgment and order dated 30.9.1991. The Court however, released him on provisional bail, on application filed in that behalf, to enable him to prefer appeal. The 2nd Additional Sessions Judge, Patna, who ultimately heard the appeal ,(Cr. Appeal No. 224/91) by his judgment and order dated 4.5.1998 did not find any error in the conviction and sentence and thus dismissed the appeal as not maintainable. The petitioner has come in revision to this Court.

(2.) THE only point for consideration at this stage is whether the petitioner is required to surrender in the court below before his revision can be heand on merit.

(3.) HE placed reliance on decisions of Kerala High Court reported in 1979 Kerala Law Times 857 and Sikkim High Court in O.P. Singhi v. State of Sikkim, 1978 Cr. L. J. 1560.