Rajasthan High Court Rules, 1952–Sec. 311(3)–Scope–Expression “if he was on bail, he shall surrender to it”–Wide meaning–Held, appellant/revisionist cannot be expected to surrender himself prior to filing his revision or appeal because of following reasons:-
(i) Sentence was suspended by trial Court for a limited period and it would be anomalous situation to insist that although the sentence stands suspended, he must surrender Such situation would be quixotic for while a part of judiciary suspends the sentence, the other part of judiciary expects to surrender during the suspension of sentence.
(ii) Secs. 374, 397/401 of Cr.P.C. has no such requirement prior to filing the appeal or revision Hence the rules can not be permitted to insert a condition which does not exist in the parental law.
(iii) Such interpretation of rules would make them unconstitutional.
