Revision against conviction was held not maintainable because the convicted applicant had not surrendered and remained absconding.

A criminal revision against conviction was held not maintainable where the convicted applicant had not surrendered, remained absconding, and had already suffered dismissal of the appeal. The High Court applied Chapter 10 Rule 48 of the Madhya Pradesh High Court Rules, 2008, which requires a declaration that the convicted person is in custody or has surrendered after conviction unless the sentence has been suspended. Because the defect went to the root of maintainability, the revision could not be entertained until the applicant complied with the surrender requirement.

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Issues: Whether a criminal revision against conviction is maintainable when the convicted applicant has not surrendered and remains absconding after dismissal of the appeal.

Analysis: The conviction and sentence had already been affirmed in appeal, making the appellate judgment final for practical purposes. Chapter 10 Rule 48 of the High Court of Madhya Pradesh Rules, 2008 requires a declaration that the convicted person is in custody or has surrendered after conviction, except where sentence has been suspended. In the absence of surrender and while the applicant remained absconding and disobeying the trial and appellate orders, the revision could not be entertained. The Court treated the defect as going to the root of maintainability and held that no further proceeding could be considered until the applicant obeyed the legal requirement to surrender.

Conclusion: The criminal revision was not maintainable and was dismissed.

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