https://www.taxtmi.com/caselaws?id=299905 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. en-us Tue, 06 Sep 2011 00:00:00 +0530 Tue, 04 Jan 2022 11:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299905 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. Case-Laws Indian Laws Tue, 06 Sep 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299905