Vijay Lala vs Ghanshyam on 28 June, 2023
5. Learned counsel for the petitioner submits that since the petitioner is
suffering from illness therefore, it can be treated as an exception case, petitioner
be exempted from surrendering before the trial court and his application for
suspension of sentence be allowed. He placed reliance upon the order dated
23.7.2019 passed by the coordinate Bench of this court in the case of Smt.
Lata vs. Manjul wherein the contention has been raised by the learned counsel
for the petitioner placing reliance upon the judgment of the Apex court in the
case of Vivek Rai & Anr. vs. High Court of Jharkhand , (2015) 12 SCC 86,
in light of the aforesaid judgment it was submitted that Rule 48 of the High
Court of M.P. Rules, 2008 is pari materia with the Rule 159 of Jharkhand High
Court. In this Rule also the applicant is required to be surrendered before the
trial Court and declaration to that effect should be filed along with revision
memo while interpretating the said Rule.