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Devendra Singh v. State of U.P. and Another

Allahabad HC25 Mar 2026CRLR/549/2026

Case brief

AI extract

What is this about?

Devendra Singh v. State of U.P. and Another; CRLR No. 549 of 2026; Allahabad High Court; Manoj Bajaj, J.; criminal revision; conviction affirmed in appeal dated 15.12.2025; trial court conviction dated 19.03.2025; failure to surrender after dismissal of appeal; heart attack; discharge summary; mild exercise advised; no application for exemption; prayer for suspension of sentence; revision not entertained till surrender; direction to trial court for arrest of convict; listed fresh on 11.05.2026.

What did the court decide?

No relief to the revisionist; the revision is not to be entertained till his surrender; the trial court is directed to take steps for arrest of the convict pursuant to the impugned judgment dated 15.12.2025; the case is to be listed fresh on 11.05.2026. ¶11

Devendra Singh vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal revision ought to be entertained when the revisionist has not surrendered following dismissal of his appeal affirming his conviction. +1 more

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Court's answer

This Court is not inclined to entertain the revisionist's criminal revision until he surrenders.

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Ratio / Principle

On a perusal of the discharge summary, the petitioner after treatment has been advised mild exercise, can walk and climb stairs, and considerable period has elapsed after his discharge from the hospital; his health condition did not justify continued non-surrender.

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Key takeaways

The impugned judgment dated 15.12.2025 does not reveal that any application for exemption was filed by the appellant when his appeal was finally decided in the presence of his counsel; nor was any such application for exemption from surrendering filed before this Court with the revision, though a prayer for suspension of sentence was made by separate application.ratio¶9
The trial court is directed to take steps for arrest of the convict pursuant to the impugned judgment dated 15.12.2025 by the appellate court.ratio¶14

Detailed headnote1 paragraphs

Criminal Revision (Allahabad High Court, Manoj Bajaj, J.) - Revisionist's conviction by the trial court (judgment dated 19.03.2025) was affirmed in appeal on 15.12.2025, but he did not surrender, pleading a heart attack suffered soon after dismissal of the appeal and relying on a discharge summary filed with a supplementary affidavit dated 08.02.2026. The Court observed that the discharge summary showed the petitioner had been advised mild exercise after treatment, could walk and climb stairs, and considerable time had elapsed since discharge; no application for exemption had been filed before the appellate court when the appeal was decided in the presence of counsel, nor with the revision, though suspension of sentence was sought by separate application. Held: the Court declined to entertain the revision till surrender and directed the trial court to take steps for arrest of the convict pursuant to the impugned judgment dated 15.12.2025; case to be listed fresh on 11.05.2026.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 549 of 2026

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Devendra Singh

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.....Revisionist(s)

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Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Revisionist(s) :	Atiqur Rahman Siddiqui
Counsel for Opposite Party(s) :	G.A.

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Court No. - 85

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HON'BLE MANOJ BAJAJ, J.

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Concededly, the petitioner did not surrender when the appeal was dismissed on 15.12.2025 and judgment of conviction passed by the trial court on 19.03.2025 was affirmed by the appellate court.

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According to learned counsel the petitioner soon after dismissal of his appeal the petitioner suffered heart attack and in this regard reliance is placed upon the medical record/discharge summary appended with the supplementary affidavit dated 08.02.2026.

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The impugned judgment dated 15.12.2025 does not reveal that any application for exemption was filed by the appellant when his appeal was finally decided in the presence of his counsel. Neither any such application seeking exemption from surrendering has been filed by him before this Court alongwith the present revision, though a prayer for suspension of sentence has been made by a separate application.

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During the course of hearing Sri Atiqur Rahman Siddiqui, learned counsel appearing for the petitioner was asked for surrender of the petitioner, but in response learned counsel states that the petitioner will not surrender because of his health conditions.

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A perusal of the discharge summary would indicate that after the treatment the petitioner has been advised mild exercise who can walk and climb stairs also and considerable period has elapsed after his discharge from the hospital. Since, the petitioner is yet to surrender this Court is not inclined to entertain his revision till his surrender.

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CRLR No. 549 of 2026

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The trial court is directed to take steps for arrest of the convict pursuant to the impugned judgment dated 15.12.2025 by the appellate court.

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List this case on 11.05.2026, as fresh.

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(Manoj Bajaj,J.)

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March 25, 2026

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