Madhya Pradesh High Court
Islam Khan vs The State Of Madhya Pradesh on 7 August, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:37063
1 CRR-2494-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 7 th OF AUGUST, 2025
CRIMINAL REVISION No. 2494 of 2025
ISLAM KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
None for the applicant.
Smt. Geeta Yadav - Panel Lawyer for respondent/ State.
ORDER
Applicant has not complied with the order dated 28.7.2025. He
failed to surrender before trial Court.
2. This revision under Section 397/401 of Cr.P.C. has been filed
assailing the appeal judgement dated 25.4.2025, passed in Criminal
Appeal No.55/2024 (Islam Khan Vs. State of M.P. ) by Vt h Additional
Session Judge, District Chhindwara (MP) whereby Appellate Court
has dismissed the appeal preferred against the judgment of conviction
and order of sentence dated 14.05.2024 passed by learned Chief Judicial
Magistrate, Chhindwara in Criminal Case No.229/2024 (State of M.P.
Vs. Islam Khan) by which applicant was convicted for commission of
offence under Section 25(1-B)(b) read with Section 4 of Arms Act, 1959
and was sentenced to undergo RI for One year with fine of Rs.1,000/-
with default stipulations. Hence, this criminal revision.
NEUTRAL CITATION NO. 2025:MPHC-JBP:37063
2 CRR-2494-2025
3. On perusal of the memo of revision, it is apparent that
applicant/accused is absconding and despite his conviction from two
Courts he has not surrendered to serve the sentence imposed on him.
Rule 48 Chapter X of M.P. High Court 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. Where the sentence has been so
suspended, the factum of such suspension and its
period shall be stated in the memorandum of appeal
or revision petition, as also in the application
under section 389 of the Code of Criminal Procedure,
1973.An application under section 389 of the Code
of Criminal Procedure, 1973 shall, as far as possible,
be in Format No. 11 and shall be accompanied by an
affidavit of the appellant/applicant or some other
person acquainted with the facts of the case."
4. In the case in hand, applicant has not filed any application for
exemption from surrender.
5 . Hon'ble Apex Court by order dated 30.07.2024, passed in
{[Special Leave (Criminal) Diary No.(s).20900 of 2024)] (Arising out of
impugned final judgment and order dated 25.01.2024, in CRR
No.4402/2022 in the case of of Daulat Singh Vs. State of Madhya
Pradesh} has held that a revision is not maintainable where accused has
not surrendered despite his conviction to serve the sentence imposed on
him and exemption cannot be allowed by High Court. Hon'ble Apex
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3 CRR-2494-2025
Court considered the judgement of Vivek Rai and Others Vs. High Court
of Jharkhand, reported in (2015) 12 SCC 86 and upheld the order of this
court and held as under:
"15. We do not, therefore, consider it appropriate to
accept as a sound proposition of law that a high
court, in exercise of its inherent power, may grant
exemption from surrendering in a particular case
despite concurrent findings of conviction oblivious
of the duty of giving effect to orders passed under the
Code and/or to prevent abuse of the process of a
court."
6. In the case in hand, applicant has failed to surrender before the
Court for undergoing the jail sentence. In such circumstances, this
revision application is filed in violation of Rule 48 of Chapter X of M.P.
High Court Rules. Hence, same is not maintainable.
7. Consequently, in view of the above, this revision being not
maintainable is dismissed.
8. A copy of this order be sent to the Court concerned through
Sessions Judge, Chhindwara (MP).
(DINESH KUMAR PALIWAL)
JUDGE
mrs. mishra
