2012 (2) TMI 710

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....dered after his conviction and his sentence is not suspended by Court below, whether 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 cri....

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.... this Court. Rule 48 reads as under:- 48. A memorandum of appeal or revision petition against 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....