Anwar Khan vs Dalchandra
2024 Latest Caselaw 15183 MP

Madhya Pradesh High Court

Anwar Khan vs Dalchandra on 21 May, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRR No. 612 of 2024
                                                      (ANWAR KHAN Vs DALCHANDRA)

                           Dated : 21-05-2024
                                 Shri Akash Sharma, learned counsel for the petitioner.

                                 Shri Mohan Singh Thakur Chandel, learned counsel for the
                           respondent.

The present Revision is filed by the applicant without surrendering. Counsel for the respondent raises preliminary objection that the applicant

has neither surrendered nor has complied with the orders passed by the Appellate Court.

Counsel for the applicant submits that as per the judgment passed by the co-ordinate Bench at Jabalpur in Cr.R No.729/2024(Sanjay Nagayach Vs. State of M.P.), there is no need to surrender at the time of filing of Revision against an order of conviction and sentence. He further submits that as per the said judgment, the applicant is not required to file any application for exemption from surrender.

Counsel for the respondent submits that as per the judgment passed by

the Apex Court in the case of Vivek Rai and Anr. Vs. High Court of Jharkhand reported in 2015 A.I.R (SC) 1088, the exemption from surrender can be granted under exceptional situations.

Considering the aforesaid submissions, the matter is postponed for hearing on 28/5/2024. Shri Vivek Singh, Advocate present in the Court is requested to assist the Court as amicus curiae on the legal issue. For the State, Shri S.S. Thakur, Public Prosecutor is also requested to assist the Court. The name of Shri Vivek Singh and Shri S.S Thakur be reflected as amicus curiae in

the cause-list.

(VIJAY KUMAR SHUKLA) JUDGE

PK