ORDER Amareshwar Sahay, J. 1. Heard the parties: 2. The petitioners were convicted for the offences under Sections 448 and 427 of the IPC and were sentenced to undergo RI for one year for the offence under Section 448 IPC, and RI for two years for the offence under Section 427 IPC by the trial Court. 3. The appellate Court dismissed the appeal filed by the petitioners but however, modified the sentence so far as under Section 427 IPC, was concerned and consequently the sentence of two years awarded by the trial Court under Section 427 IPC was reduced to RI for a period of one year. 4. The petitioners have filed this revision application against the said conviction and sentenced passed by the trial Court as well as by the appellate Court. By filing this Interlocutory Application the petitioners have prayed that they may be exempted from surrendering in the Court below before their criminal revision is taken up for admission before this Court. 5. Mr. Bhowmik learned counsel appearing for the petitioners has relied on a decision of the Apex Court in the case of Bihari Prasad Singh v. State of Bihar and Ors., reported in 1999 (2) East Cr C 251 (SC) and has submitted that the Apex Court has decided that the High Court was not justified in rejecting the application for revision solely on the ground that the accused has not surrendered. 6. From perusal of the aforesaid judgment of the Apex Court it is clear that the Apex Court was dealing with a case in which there was no such requirement in the High Court Rules of the concerned High Court that the accused has to surrender before his revision against conviction is taken up by the High Court. But in the present case Rule 159 of the High Court of Jharkhand Rules 2001 clearly envisages as follows : "159. In the case of Revision under Sections 397 and 401 of the Code of Criminal Procedure, 1973 arising out of conviction and sentence of imprisonment, the petitioner shall state whether the petition shall be accompanied by a certified copy of the relevant order. If he has not surrendered the petition shall be accompanied by an application seeking leave to surrender within a specified period.
If he has not surrendered the petition shall be accompanied by an application seeking leave to surrender within a specified period. On sufficient cause being shown, the Bench may grant such time and on such conditions as it thinks fit and proper, no such revision shall be posted for admission unless the petitioner has surrendered to custody in the concerned Court." 7. Therefore, the facts of the case in hand and that of the case of the Supreme Court cited above are quite different. Therefore, the aforesaid decision of the Supreme Court does not apply in the facts and circumstances of the present case. 8. Since, it has specifically been envisaged in Rule 159 of Jharkhand High Court Rules, 2001 that an accused has to surrender before his revision is taken up, in my view, the prayer of the petitioners for exemption from surrendering in the Court below cannot be allowed. 9. Accordingly, the Interlocutory Application is rejected and the petitioners are directed to surrender and file surrender certificate within a period of two weeks, failing which this revision application shall stand rejected without further reference to a Bench.