Rajasthan High Court Seeks Bar's Views On Maintainability Of Revision Pleas Without Surrender After Conviction

The Rajasthan High Court has invited members of the Bar to submit their views on whether revision petition and plea for suspension of sentence moved by a convict, following dismissal of his appeal, is maintainable without surrendering first.

Justice Anoop Kumar Dhand framed the following question, in a criminal revision petition filed before it:

“Whether the criminal revision petition and the application seeking suspension of sentence filed under Sections 438 and 442 of BNSS against the judgment of conviction passed by the trial Court and upheld by the Appellate Court is maintainable in terms of Rule 311(3) of the Rajathan High Court Rules, 1952 without surrender of the convicted accused before the jail authorities?”

Rule 311(3) of the Rajasthan High Court Rules, 1952, provides that a case in which sentence of imprisonment had passed, appeal or application for revision shall also contain a certificate signed by the counsel for the appellant/applicant stating that the accused was not on bail or, if he was on bail, that he had surrendered.

The Court asked the Judicial Registrar to publish a note in this regard in the cause list inviting members of the Bar.

Accordingly, the matter has been listed on October 16, 2025.

Title: Mohanlal v State of Rajasthan

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