Govind Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6764 MP

                                                                  1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           CRR No. 1562 of 2023
                                                  (GOVIND SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-04-2023
                                   Shri Sankalp Kochar - learned counsel for the petitioner.

                                   Shri Manoj Kumar Singh - learned Panel lawyer for the respondent

State.

Shri Kapil Sharma - learned counsel for the complainant.

Heard on admission.

The revision is admitted for final hearing. Heard on I.A. No.7966/2023, application for seeking exemption from surrender before the trial Court and I.A. No.7865/2023, application for suspension of sentence and grant of bail to the appellant.

The applicant has been convicted for commission of offence punishable under Sections 325/34 of IPC and sentenced to undergo RI for one year and fine of Rs.500/- with default stipulations.

The petitioner has filed the application for seeking exemption from surrender before the trial Court and the application for suspension of sentence

and grant of bail to petitioner on the ground of his medical condition. It is submitted that the petitioner is 71 years old man and is suffering from heart disease and is permanently disabled person and is not in a position to carry out the daily activities.

To support his contention learned counsel for the petitioner has also filed disability certificate and medical documents of the petitioner.

By placing reliance on the judgment of the Supreme Court reported in (2015) 12 SCC 86 (Vivek Rai and Ors. Vs. High Court of Jharkhand), it Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 26-Apr-23 5:39:00 PM

is argued that in exceptional circumstances like serious ailment etc. notwithstanding the High Court Rules, this Court can exempt the applicant from surrendering.

The judgment of Vivek Rai (supra) was followed by this Court in CRR No.37/2020 (Nirmal Sen Vs. State of M.P.) decided on 09.01.2020. This Court came to hold that relevant rules of Jharkhand High Court considered in Vivek Rai (supra) is pari materia to relevant rules of M.P. High Court. In Nirmal Sen (supra) also the applicant was permitted not to surrender. Same is the order passed in CRA.5932/2022 (Nityanarayan Pandey Vs. The State of M.P.) dated 26.07.2022.

Considering the aforesaid, since an exception situation and serious ailment is there, applicant may be given the exemption from surrendering and in addition, her remaining jail sentence may be suspended.

Shri Singh learned P.L. for the State raised objection. The Apex Court in Vivek Rai (Supra) opined as under :-

"10. Only further submission put forward is that inherent power of the Court to direct listing of the case by exempting the requirement of surrender has been taken away. It is pointed out that even in Supreme Court Rules prohibition against listing without surrender is not applicable if the Court otherwise directs. Such exception is not to be found in the impugned Rule.

11. It has not been disputed even by the learned counsel for the High Court that the Rule does not affect the inherent power of the High Court to exempt the requirement of surrender in exceptional situations. It cannot thus, be argued that prohibition against posting of a revision petition for admission applies even to a situation where on an application of the petitioner, on a case being made out, the Court, in exercise of its inherent power, considers it appropriate to grant exemption from surrender having regard to the nature and circumstances of a case. Thus, the exception as found in corresponding Supreme Court Rules that if the Court grants exemption from surrender and directs listing of a case, the Rule Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 26-Apr-23 5:39:00 PM

cannot stand in the way of the Court's exercise of such jurisdiction, has to be assumed in the impugned Rule."

[Emphasis Supplied] A Coordinate Bench in Nirmal Sen (Supra) opined as under :-

"Hon'™ble Apex Court in the case of Vivek Rai and another Vs. High Court of Jharkhand, (2015) 12 SCC 86, clearly explained that in exceptional cases where the applicant is suffering from some grievous diseases and admitted in the hospital, revision can be entertained. Rule 48 of High Court of Madhya Pradesh, 2008 is pari materia with Rule 159 of the Jharkhand High Court Rules."

In these circumstances, considering the illness of the applicant and as observed by the appellate Court, in the order sheet, this Court finds exceptional case of the applicant and without surrendering before the trial Court entertain this criminal revision against the impugned judgment.

[Emphasis Supplied] In my opinion, considering the seriousness of ailment of applicant, it is a fit case for granting exemption from surrendering. Accordingly, applicant is granted exemption from surrendering.

Considering the facts and circumstances of the case, I.A. No.7966/20263 is allowed; the petitioner is exempted from surrendering before the trial Court, and I.A. No.7865/2023 an application for suspension of remaining jail sentence of the petitioner is also allowed.

Since the petitioner is not in a position to appear before the trial Court for

personal bond, he is directed that if he furnishes third party surety in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) to the satisfaction of concerned trial Court, the execution of the remaining sentence of imprisonment passed against him shall remain suspended.

However, it is made clear that the sentence of fine is not suspended. Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 26-Apr-23 5:39:00 PM

I.A. No.7865/2023 stands disposed of.

List for final hearing in due course.

(RAJENDRA KUMAR (VERMA)) JUDGE

Loretta

Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 26-Apr-23 5:39:00 PM