Jharkhand High Court
Sandeep Kumar Bhatia @ Sandeep Bhatia vs The State Of Jharkhand & Anr. ... .... ... on 1 August, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1309 of 2023
Sandeep Kumar Bhatia @ Sandeep Bhatia ..... .... Petitioner
Versus
The State of Jharkhand & Anr. ... .... Opp. Parties
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Rahul Pandey, Advocate
Mr. Sourabh Singh, Advocate
For the State : Mr. Vineet Kumar Vashishta, APP
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Order No. 05 / Dated : 01.08.2025.
Instant criminal revision is preferred against the judgment dated
28.04.2023 passed by learned Additional Judicial Commissioner-II, Ranchi in
Cr. Appeal No.162 of 2019 whereby and whereunder learned Appellate Court
has affirmed the judgment of conviction and sentence passed by learned Trial
Court under Sections 138 of N.I. Act.
I.A. No. 3861 of 2024
2. Heard the learned counsel on behalf of the petitioner in I.A. No.3861 of
2024 which is filed under Rule 159 of the High Court of Jharkhand, Rules, 2001
for exemption from surrendering before admission of the criminal revision.
3. It is argued by the counsel appearing on behalf of the petitioner that the
petitioner is not keeping good health and the document regarding his
treatment has been enclosed with this application.
4. Learned A.P.P. has defended the impugned judgment and has contested
the interlocutory application for exemption from surrender.
5. In order to appreciate the plea for exemption, it shall be desirable to set
out the Rule 159 of the High Court of Jharkhand Rules which reads as under.
"In the case of Revision under Sections 397 and 401 of the Code of Criminal
Procedure, 1973, arising out of conviction and sentence of imprisonment, the
petitioner shall state whether the petition shall be accompanied by a certified
copy of the relevant order. If he has not surrendered the petition shall be
accompanied by an application seeking leave to surrender within a specified
period. On sufficient cause being shown, the Bench may grant such time and,
on such conditions, as it thinks fit and proper. No such revision shall be
posted for admission unless the petitioner has surrendered to custody in the
concerned Court''.
It has been held by the Apex Court in Vivek Rai v. High Court of
Jharkhand, (2015) 12 SCC 86: -
"6. We do not find any merit in the challenge to the validity of the Rule. It is well-
known practice that generally a revision against conviction and sentence is filed after
an appeal is dismissed and the convicted person is taken into custody in the Court
itself. The object of the Rule is to ensure that a person who has been convicted by two
courts obeys the law and does not abscond. The provision cannot thus be held to be
arbitrary in any manner. The provision is to regulate the procedure of the Court and
does not, in any manner, conflict with the substantive provisions of CrPC relied upon
by the petitioners."
6. This Court is of the view that the ground taken is not acceptable to justify
the exemption from surrendering the petitioner.
7. Judgment of conviction and sentence passed by the Trial Court has been
affirmed in Appeal. I do not find the instant case, to fall within exceptional
circumstance for exempting the petitioner to surrender, before his revision
application is admitted by this Court.
I.A. No.3861 of 2024 stands dismissed.
Petitioner is directed to surrender before the trial court within two
weeks of the order and file surrender certificate.
The case will be listed after furnishing of the surrender certificate.
In the event of the petitioner not surrendering within the stipulated
time, the Trial Court to proceed to take coercive measure to secure his
appearance.
Let this order be forthwith communicated to the Trial Court.
(Gautam Kumar Choudhary, J.)
Pawan/ -
