9911796707
TMI Blog2012 (2) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 (2000) 10 SCC 346 (Bihari Prasad Singh Vs. State of Bihar and Another) 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 reported in 2009 (Cr.L.R.) M.P. 801 (Kishore Virvani Vs. V.N. Gangrade). 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst conviction, except in cases where the sentence has been suspended by the Court below, shall contain a declaration to the effect that the convicted person is in custody or has surrendered after the conviction. (emphasis supplied). 6. The basic question is whether as per Rule 48 aforesaid, it is obligatory for the person to surrender on his conviction before filing of the revision. 7. In the considered opinion of this Court, the language employed in Rule 48 makes it crystal clear that a declaration is mandatory for the accused to the effect that he is in custody or has surrendered after the conviction. The only exception provided in the rule is where the sentence has been suspended by the Court below. In other words, except in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... position, I have no hesitation to hold that Rule 48 makes it mandatory for the accused to give declaration about his surrender after the conviction or about the fact regarding his remaining in custody. 9. Since Rule 48, in specific, was not brought to the notice of this Court in Kishore (supra), the said judgment is clearly distinguishable on this aspect. On the basis of aforesaid analysis, it is held that a revision petition against conviction is tenable only when it contains a declaration to the effect that the convicted person is in custody or has surrendered after the conviction except in cases where the sentence has been suspended by the Court below. The matter be posted before the regular bench on Thursday (9.2.2012) for further co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
