Madhya Pradesh High Court
Bholuram Joshi vs Ramniwas Dandotiya on 1 August, 2025
Author: Anil Verma
Bench: Anil Verma
1 CRR-2420-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRR No. 2420 of 2025
(BHOLURAM JOSHI Vs RAMNIWAS DANDOTIYA )
Dated : 01-08-2025
Shri Vishant Singh Kaurav - Advocate for the petitioner.
Shri Abhishek Mishra - Advocate for respondent.
Both the parties heard on the point of maintainability of this revision.
Learned counsel for petitioner submits that the revision is maintainable
without surrender after conviction and prays for exemption from
surrendering before the Trial Court. In support of his submission, he has
placed reliance on the judgment of Vivek Rai and another Vs. High Court of
Jharkhand through Registrar General& Ors reported in (2015) 12 SCC 86 ,
wherein it has been held that in exceptional circumstances, the High Court in
exercise of its inherent power can exempt the accused from surrendering
before filing of Criminal Revision. The same view has been recently
reiterated by the coordinate Bench at Jabalpur in Criminal Revision
No.729/2024 (Sanjay Nagayach Vs. State of MP) decided on 20.02.2024.
On the other hand, learned counsel for the respondent/State has
opposed the prayer by referring Rule 48 of the High Court of Madhya
Pradesh Rules, 2008. He has placed reliance on the order passed by the co-
ordinate Bench of this Court at Indore in the matter of Devnarayan and
Others Vs. Prateek Goyanka (passed in Criminal Revision No.1912/2024 on
28/05/2024). On these contentions, he prays for dismissal of application
along with the criminal revision as it is not maintainable without surrender of
2 CRR-2420-2025
the applicant. He has also placed reliance upon the order dated 09.07.2024
passed by coordinate Bench of this Court at Indore in Cr.R. No.1696/2024
(Karan Singh Vs. Prerit Tiwari and another).
Heard learned counsel for the parties and perused the record.
For ready reference, Rule 48 of the High Court of Madhya Pradesh
Rules, 2008 reads as under:-
"48. A memorandum of appeal or revision petition against
conviction, except in cases where the sentence has been suspended
by the Court below, shall contain a declaration to the effect that
the convicted person is in custody or has surrendered after the
conviction."
Considering the same, this Court finds that the present case falls within
the category of exceptional circumstances and this Court exercises its
inherent power to exempt the petitioner from surrendering before filing of
the criminal revision.
Accordingly, the applicant is exempted from surrender before the Trial
Court.
Also heard on I.A. No.11872/2025, which is an application under
Section 397(1) of the Cr.P.C for stay.
The petitioner is convicted u/S.138 of the Negotiable Instruments Act
and sentenced to RI for six months with a fine of Rs.3,10,981/- and in
default of payment, two months additional RI.
Learned counsel for the petitioner has contended that there is a strong
case in favour of the petitioner. He has already deposited amount of
3 CRR-2420-2025
Rs.90,000/- (Rupees Ninety Thousand only). The petitioner is ready to
deposit 50% of the amount. Conclusion of this revision shall take time to
conclude. Therefore, the petitioner be released on bail.
Considering the facts and circumstances of the case, it is directed that
if the petitioner deposits an amount of Rs.1,25,000/- (Rupees One lac
Twenty Five Thousand only) within 15 days, as he has already deposited
Rs.90,000/- before the Trial Court, he shall be released on bail on furnishing
personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand
only) with one solvent surety in the like amount of the satisfaction of the
Trial Court for his appearance before Registry of this court on 28.10.2025
and thereafter, on such other dates as may be fixed in this behalf. If the
balance cheque amount is not deposited within 30 days, from today, the
petitioner has to surrender before the Trial Court.
Also heard on admission.
Being arguable, this revision is admitted for final hearing.
Let notice be issued to the respondent on payment of PF within three
working days by RAD mode, returnable within four weeks.
List thereafter.
CC as per rules.
(ANIL VERMA)
JUDGE
Abhi
