Subhadra Devi vs The State Of Jharkhand
2025 Latest Caselaw 7843 Jhar

Citation : 2025 Latest Caselaw 7843 Jhar
Judgement Date : 18 December, 2025

[Cites 6, Cited by 0]

Jharkhand High Court

Subhadra Devi vs The State Of Jharkhand on 18 December, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Criminal Revision No. 590 of 2024
           1.    Subhadra Devi, aged about 72 years, wife of Late Raghuvansh Narayan
                 Singh @ Raghuwansh Narayan Singh
           2.    Raghuvir Singh @ Raghubir Singh @ Raghuber Singh, aged about 48
                 years, son of Late Raghuvansh Narayan Singh @ Raghuwansh Narayan
                 Singh
                 Both residents of Aayonagar, Subhadra Sadan, P.O. Korrah, P.S. Korrah,
                 District- Hazaribagh, Jharkhand                 ... Petitioners
                                         -Versus-
           1.    The State of Jharkhand
           2.    Nibha Singh, aged about 34 years, daughter of Ramjeet Singh, wife of
                 Raghuvar Singh, resident of Aryan Nagar, P.O. Korrah, P.S. Korrah,
                 District- Hazaribagh, Jharkhand                 ... Opposite Parties
                                          -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----

           For the Petitioners      : Mr. Sagar Kumar, Advocate
           For the State            : Mr. Manoj Kumar Mishra, A.P.P.
           For O.P. No.2            : Mr. Sunil Singh, Advocate
                                          -----


05/18.12.2025     I.A. No.10799 of 2025 has been filed for grant of exemption to the

petitioners from surrender before the learned Court in terms of Rule 159 of

the High Court of Jharkhand Rules, 2001.

2. Learned counsel appearing for the petitioners submits that the

petitioner no.1 has been sentenced to undergo R.I. for two years and fine

of Rs.3,000/- and petitioner no.2 has been sentenced to undergo R.I. for

one year and fine of Rs.3,000/- for the offence under Section 498-A of the

Indian Penal Code and in default of payment of fine, further direction is

there to undergo S.I. for one month vide judgment of conviction and order

of sentence dated 23.05.2023 passed by the learned Judicial Magistrate,

1st Class, Hazaribagh in G.R. Case No.561 of 2019 (T.R. No.315 of 2023),

arising out of Sadar Mahila P.S. Case No.12 of 2018. He further submits that

the said judgment has been challenged by the petitioners by filing Criminal

-1- Criminal Revision No. 590 of 2024 Appeal No.42 of 2023, which has been dismissed and the judgment of the

trial court has been affirmed by the learned Additional Sessions Judge-VI-

cum-Special Judge, C.A.W., Hazaribagh vide judgment dated 19.03.2024.

He then submits that the petitioner no.1 is a 72 years old lady, who is

suffering from various old age ailments and petitioner no.2 is the only one

to look after petitioner no.1 with regard to day-to-day affairs of petitioner

no.1.

3. In light of the provision made in the High Court of Jharkhand Rules,

2001 being Rule 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 convict surrenders before

the concerned Court. Rule 159 of the Jharkhand High Court Rules is the

parametria of Supreme Court Rules, 2013.

4. It has been held by the Hon'ble Supreme Court in the case of Kapur

Singh v. State of Harayana, reported in (2021) 18 SCC 579 in

Paragraphs 6 and 9, which read 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

-2- Criminal Revision No. 590 of 2024 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."

5. The similar view has been taken by the 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 in the case of Dilip Mazumdar

v. Nikunja Das in Special Leave Petition (Criminal) Diary No.6517

of 2020 and in the case of Sanjit Saha v. State of West Bengal,

reported in 2023 SCC OnLine SC 1693.

6. In view of the above and considering that even there is no medical

certificate or any document annexed with the petition with regard to ailment

of the petitioner and further considering the clear language of Rule 159 of

the High Court of Jharkhand Rules and the aforesaid judgments passed by

the Hon'ble Supreme Court as discussed herein above, this Court is having