Revision petition maintainability fails when surrender is absent and custody certificate is not filed after appeal disposal.

A revision petition against conviction was held not maintainable where the accused had not surrendered before the appellate court after dismissal of the appeal and had not filed the custody certificate required by the Rajasthan High Court Rules. The court reasoned that the benefit under Section 389(3) CrPC applies at the stage of filing an appeal and does not extend to a revision petition under Sections 397 and 401 CrPC after the appeal has been disposed of. In the absence of surrender, the accused was required to be in custody, and non-compliance with Rule 311(3) independently defeated maintainability.

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Issues: Whether the revision petition was maintainable when the convicted accused had not surrendered before the appellate court after dismissal of the appeal and had not filed the custody certificate required by the High Court Rules.

Analysis: The revision was filed after the appellate court had already dismissed the appeal affirming the conviction. The record showed that the accused had not surrendered before the appellate court at the time of pronouncement of the appellate judgment. The Court held that the benefit contemplated by Section 389(3) of the Code of Criminal Procedure, 1973 operates at the stage of filing an appeal and does not extend to a revision petition under Sections 397 and 401 of the Code of Criminal Procedure, 1973 after disposal of the appeal. In the absence of surrender, the accused was required to be in custody, and the certificate mandated by Rule 311(3) of the Rules of Rajasthan High Court was also not filed.

Conclusion: The revision petition was not maintainable and was liable to be dismissed.

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