Jharkhand High Court
Gopal Upadhyay @ Gopal Upadhayay 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. 1313 of 2023
Gopal Upadhyay @ Gopal Upadhayay ..... .... Petitioner
Versus
The State of Jharkhand & Anr. ... .... Opp. Parties
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Shailesh Poddar, Advocate
Ms. Twinkle Rani, Advocate
For the State : Mr. Arup Kr. Dey, APP
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Order No. 04 / Dated : 01.08.2025.
Instant criminal revision is preferred against the judgment dated
16.08.2023 passed by learned Additional Judicial Commissioner-VII, Ranchi
in Cr. Appeal No.15 of 2023 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. 9596 of 2023
2. Heard the learned counsel on behalf of the petitioner in I.A. No.9596 of
2023 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
matter has been duly compromised between the parties.
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 as there
is no joint compromise petition on record to substantiate the plea that the
matter has been settled between the parties.
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.9596 of 2023 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/ -
