Is there a provision for not surrendering after filing revision in HC

The case is under section 420 and 418 where there is a judgement from the lower court for surrender after the judgement was against , cancelling the bail granted in the before proceedings..the judgement was given without cross examining the informant & the CASE I.O Is there any provision for non surrender in person after filing the CR-Riv in high court.Its more than 5 months,my lawyer says that the file has not been moved from judge court to lower court hence status of the case says pending with lawazima PL ADVICE

Answers (2)

108 votes

Technically surrender is a rule. The merits of the judgment might not be gone into for identifying the aspect of surrender. If case is in lawazima, it might be that case might be defective. Consult your advocate and have the matter examined

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58 votes

There is no specific provision as such but if your CR. Rev is against the order of surrender passed by the learned court below then till the final disposal of CR. Rev by the Hon'ble High court , it is not necessary to surrender before the learned court below, and regarding the pendency if the matter is before lawazima then there is certain defects which your lawyer should remove and after that it will be listed before the Hon'ble High court.

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