Sobran Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 8008 MP

Madhya Pradesh High Court

Sobran Singh vs The State Of Madhya Pradesh on 26 August, 2025

Author: Anil Verma

Bench: Anil Verma

          NEUTRAL CITATION NO. 2025:MPHC-GWL:19327




                                                               1                               CRR-4000-2025
                                IN       THE   HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           BEFORE
                                               HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 26 th OF AUGUST, 2025
                                               CRIMINAL REVISION No. 4000 of 2025
                                                       SOBRAN SINGH
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                          Appearance:
                                 Shri Rajesh Pathak - Advocate for the petitioner [P-1].
                                 Shri Harish Sharma - PP for the respondent/State.

                                                                ORDER

Heard learned counsel for the parties on the question of maintainability of this petition.

The petitioner-accused has preferred this revision under section 397, 401 of Cr.P.C feeling aggrieved by the judgment passed by the court below on 17.07.2025 in Cr.Appeal No.01 of 2022 modifying the judgment passed by the trial court in Cr.Appeal No.100264 of 2011 on 01.12.2021 convicting the petitioner under sections 279, 337(16 counts) and 304A of IPC and sentencing him to undergo Three months RI with fine of Rs.500/-, three-three months RI with fine

of Rs.100-100/- and one year's RI with fine of Rs.1000/- respectively with default stipulation.

After conviction, the petitioner has not surrendered before the trial court as well as before the appellate court. Learned counsel for the petitioner has contended that the petitioner was suffering from Malaria Fever, therefore, he could not surrender before the trial court. From perusal of a copy of medical certificate, it appears that the petitioner was suffering from fever from 13.07.2025 to

NEUTRAL CITATION NO. 2025:MPHC-GWL:19327

2 CRR-4000-2025 18.07.2025. Original certificate has not been filed. The petitioner might have surrendered before the courts below after 18.07.2025. There is no reason for his not surrendering before the trial court.

Counsel for the petitioner places reliance on the order dated 28.03.2025 passed by this court in Cr.Revision No.952 of 2025 (Ramkishore and Ors. Vs. The State of M.P.) and order of Jharkhand High Court in Vivek Rai and Another Vs. High Court of Jharkhand Through Registrar General and Others, reported in 2015 AIR SCW 1017 seeking exemption from surrender before the courts below. But no application for such exemption has been filed by the petitioner, therefore, the reasons for non surrendering of the petitioner do not appear to be bonafide and therefore, the judgments cited by counsel for the petitioner, are not applicable in the present case.

The petitioner did not surrender before the courts below after his conviction and directly filed this criminal revision before this court, therefore, as per the provisions of Rule 48 Chapter 10 of the M.P. High Court Rules, this revision petition is not maintainable. Accordingly, this revision petition being not maintainable, is hereby dismissed.

A copy of this order be sent to the courts below for information and compliance.

CC as per rules.

(ANIL VERMA) JUDGE

Rks