Jharkhand High Court
Parbachan Rabidas vs The State Of Jharkhand ... Opp. Party on 25 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.793 of 2018
1. Parbachan Rabidas
2. Kanhai Rabidas @ Abhishek Kumar ... Petitioners
Versus
The State of Jharkhand ... Opp. Party
--------
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------
For the Petitioners : Mr. Raja Ravi Shekhar Singh, Advocate.
For the Opp. Parties : Mr. Anup Pawan Topno, APP
------
9/25.08.2025 I.A. No.9327 of 2018 has been filed for grant of exemption to
the petitioners from surrender before the learned Court during the
pendency of the present Criminal Revision.
2. Learned counsel appearing for the petitioners submits that the
petitioners have been convicted and sentenced to undergo 03 months
for the offence punishable under Section 323 of the IPC, 15 days for
the offence punishable under Section 341 of IPC, 02 months for the
offence punishable under Section 342 of IPC, 02 years for the
offence punishable under Section 307 of IPC and further 03 years for
the offence punishable under Section 302/34 of IPC, by Judgment
dated 29.09.2012 passed by the learned Juvenile Justice Board,
Sahibganj in connection with Rajmahal P.S. Case No. 46 of 2006,
corresponding to G.R. No.92 of 2006.
3. He submits that the appeal has also been preferred, which is
numbered as Cr. Appeal No.94 of 2012, against the Judgment of
conviction and order of sentence dated 29.09.2012 passed by learned
Juvenile Justice Board, Sahibganj and by order dated 07.03.2018,
learned Additional Sessions Judge-I, Sahibganj has been pleased to
affirm the order of the learned Juvenile Justice Board, Sahibganj.
4. He submits that the petitioner No.1 has remained in custody for
01 years 03 months, petitioner No.2 has remained in custody 01 year
05 months and on this ground, he submits that the exemption from
surrendering of the petitioners may kindly be granted. He submits
that against Appellate Court order, the present criminal revision has
been preferred. Petitioners have already been convicted by the
learned Trial Court, which has been affirmed by the learned
Appellate Court.
5. In the light of provision made in the High Court of Jharkhand
Rules being Rule No.159 and for exercising the revisional power, the
surrender certificate is necessary and only in exceptional
circumstances, such condition can be waived by the Court. It is
further disclosed in the said Rule that no revision can be posted for
admission, unless the petitioner surrenders before the concerned
Court. Rule 159 of the Jharkhand High Court Rules is the parametria
of Supreme Court Rules, 2013.
6. In the case of Kapur Singh Vs. State of Harayana (2021) 18
SCC 579, at Paragraph-6, it has been held as under: -
"6. In my considered view, the question of the petitioner
surrendering before the trial court, as a precondition for
entertaining the above SLP, does not arise. Order XXII Rule
5 of the Supreme Court Rules, 2013, makes it mandatory for
a person to surrender or seek exemption from surrendering
only when he has been sentenced to a term of imprisonment.
The petitioner has not been sentenced to any term of
imprisonment, by the orders impugned in the SLP. The
orders out of which the above SLP arises, are orders passed
for failure to comply with the directions issued under
Section 143-A of the NI Act.
9. When Section 143-A(5) of the NI Act read with Section
421(1)CrPC does not prescribe a term of imprisonment and
when the orders impugned in the SLP do not challenge any
penalty of imprisonment for a particular term, the question
of the petitioner surrendering or seeking exemption from
surrendering does not arise. In other words, in cases of this
nature, the Registry cannot insist upon either a surrender
certificate or an application for exemption from
surrendering under Order XXII Rule 5 of the Rules."
9. The similar view has been taken by Hon'ble Supreme Court in
the Case of Mayuram Subramanian Srinivasan V. CBI reported in
(2006) 5 SCC 752, in the case of Vivek Rai V. High Court of
Jharkhand, reported in (2015) 12 SCC 86 as well as Dilip Mazumdar
V. Nikunja Das in Special Leave Petition (Criminal)(Diary No.6517
of 2020 and in Sanjit Saha V. State of West Bengal reported in 2023
SCC OnLine SC 1693.
10. In view of the above and further considering the clear language
of Rule 159 of the Jharkhand High Court Rules and the Orders
passed by the Hon'ble Supreme Court as discussed herein above, this
Court is having an opinion, seeking exemption from surrendering
cannot be entertained except in exceptional circumstances.
11. The petitioners have already been sentenced to a term of
imprisonment and two Courts concurrent findings are there. In that
view of the matter, this Court is not inclined to grant exemption from
surrendering of petitioners before the learned Court.
12. As such, the I.A. No.9327 of 2018 is hereby dismissed.
13. Learned counsel appearing for the petitioners submits that he
will remove the defect with regard to surrender within four weeks.
14. However, three weeks' time is allowed to remove the defect,
failing which, this Criminal Revision shall stand rejected without
further reference to a Bench.
(Sanjay Kumar Dwivedi, J.)
R.Kumar
