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2017 DIGILAW 1618 (RAJ)

Nand Kishore Mittal v. State Of Rajasthan

2017-07-21

PANKAJ BHANDARI

body2017
JUDGMENT ORDER Pankaj Bhandari, J. - Defect No. 1 pointed out by the Registry in Criminal Revision Petition No. 1777 of 2016, is overruled. 2. Heard on the application for exemption as well as application for suspension of sentence preferred by the petitioners. 3. It is contended by counsel for the petitioners that for preferring a revision petition, it is not necessary to surrender before the Court, as held by Rajasthan High Court in Vishnu Teli v. State of Rajasthan 2011 (1) Cr.L.R. (Raj.) 157. 4. It is also contended by counsel for the petitioners that this Court in number of cases have entertained the revision petitions without surrendering of the petitioner. 5. It is also contended that the petitioners were acquitted by the Trial Court and the Appellate Court has reversed the finding without assigning adequate reason and has convicted the petitioners. It is contended that the present revision petition is in the nature of regular criminal appeal as there is reversal of finding of acquittal. 6. Counsel for the complainants have opposed the applications. Their contention is that Sub-Clause (3) of Rule 311 of the Rajasthan High Court Rules, 1952, provides that if an application for revision is filed it shall contain a Certificate signed by the advocate. Petitioners stating that accused was not on bail or that if he was on bail he surrendered. 7. I have considered the contentions. 8. It is pertinent to note that the petitioners were not on bail as it was an appeal against acquittal, in the certificate appended with the revision petitions, petitioners have mentioned the true fact about not surrendering before the Court. 9. As the revision petitions are required to be heard on merits and as the revision petitions have been preferred against reversal of finding of acquittal, I deem it proper to direct the petitioners to surrender before the Court below and furnish bail bonds to the tune of Rs. 50,000/- with one surety of like amount to the satisfaction of the Trial Court to appear before this Court on 10.08.2017 and as and when summoned by the Court. 10. Applications for sending the record back to the lower Court are accordingly rejected, as the matter is to be heard by this Court. 11. Admit. Record has been received. List for hearing in the Court on 22.08.2017. All the applications stand disposed.