Harveer Singh Raghuwanshi vs Shailendra Devalia
2023 Latest Caselaw 9546 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                             CRR No. 1998 of 2023
                  (HARVEER SINGH RAGHUWANSHI Vs SHAILENDRA DEVALIA)

Dated : 23-06-2023
       Shri K. Kartikey- Advocate for the petitioner.
       Heard learned Counsel on an application (I.A. No.10846 of 2023) for
exemption from filing the surrender certificate.
       Learned Counsel submits that appeal was dismissed in default for

payment of the fine amount in compliance with the order u/s. 389 of Cr.P.C.
The appeal once admitted cannot be dismissed in default due to default in
payment of fine, therefore, impugned order dated 16.03.2023 of the first
appellate Court is prima facie illegal.
       In view of this, the appellant may be exempted from surrendering in the
interest of justice.
       Heard. Perused the impugned order dated 16.03.2023.
       The appeal was dismissed in default regarding payment of 20 % of the
fine amount as directed by learned first appellate Court at the time of

suspension of sentence u/s. 389 of Cr.P.C.
       In view of the judgment of Apex Court in the case of Vijay D. Salvi v.
State of Maharashtra; (2007) 5 SCC 741, on consideration of the facts, but
without expressing any opinion on merit, the I.A. is allowed and revision
petitioner is exempted from surrendering.
       Let notice be issued to respondent on payment of PF within seven

working days by RAD as well as ordinary mode.

List the matter in the second week of July, 2023.

Till next date of hearing, no coercive action be taken against the revision petitioner.

C.C as per rules.

(SANJEEV S KALGAONKAR) JUDGE

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ABDUR RAHMAN 2023.06.24 12:24:31 +05'30'