CHAPTER XVII Appeals to the High Court And Superintendence and revision and transfer of cases by the High Court Jail Petitions 1. Every officer in charge of jail on receiving a petition of appeal or a revision application to the High Court against the decision or order of a Session judge shall at once intimate the fact to such sessions judge and the same time inform him whether the petition of appeal or revision application is accompanied by coy of the Sessions Judge s judgment. If the petition of appeal be not accompanied by such copy, the Sessions judge shall at once forwarded to the High Court a certified copy of the Judgement. 2. Every criminal appeal or revision application sent to the High Court from a prisoner in jail shall be accompanied for condonation of delay with sufficient reasons if the appeal or revision application is barred by limitation. 3. Every Criminal appeal of revision application sent to the High Court from a prisoner in jail shall contain statement that no appeal or revisional application in the same matter has been previously field and the officer in charge of the jail shall see that such a statement is made in the memorandum of appeal or the application before sending it to the High Court. 4. (1) (a) When the record of a case in an appeal or in a revision applications involving enhancement of sentence is called for from a Court of Sessions by the High Court. The Sessions Judge shall if the papers are not asked for in the original only forward with the record or such grater number of the same as the High court may
direct typist and the Clerk of the Court. (i) (ii) The Roznama of the the proceedings. The list of property. (iii) The charge. iv)the English notes or memoranda of the substance of what each with ness has deposed made by the presiding officer of the court and other exhibited documents of translations thereof and the statements of the accused persons all arranged according to the serial order of the numbers of exhibits. (Formal documents such as a charge sheets. Vakalatnamas, bail applications and orders, remand applications and order, bail bonds, etc. through exhibits need not however be included in the Paper Books unless they are material for the decision of the case or of point arising in the case) i) Notes of arguments, if any. ii) Judgments. vii) a) The pages of the Paper books shall be Legibly Zeroxed or typed neatly and legibly with double space left between consecutive lines. There shall be a two inch margin and every l0th line shall be numbered in such margin viz 10,20,30 etc. iii. While forwarding the paper books to her High Courts as above. It should be carefully verified that such paper books are properly paged stitched numbered and arranged. iv. With each copy should be supplied an index in the following forms : List of Evidence and exhibits numbered and paged ad recorded in the trial of case No.
. Of the Calendar Year tried by the Sessions judge of Serial Particulars Exhibit No. Page Remarks No. 1 2 3 4 5 1 Memorandum of Special A to (To be added 2 1 in the High Court). The index should allow for (but not include in its paging) the Memorandum of appeal which will be typed in the High Court and included in the paper book immediately after the index. 5. Ordinarily,every document in the regional language or important portions thereof,exhibited as evidence should be translated,and the translation placed in its proper position in the English proceedings. Whenever documents in English which are required to be included in paper books to be forwarded to the High Court,contain quotation,endorsements etc., in regional language, such quotation,endorsements etc.,should always be followed by English translations thereof. 6. Whenever a confession recorded under Section 164 of the code of criminal procedure 1973 and written in the language of the Courts, is used as evidence in trial before a Court of sessions a translation of it should be made and filed with the English part of the Record. 7. When the record of case has been called for in original only under section 384 (2) of the code of Criminal procedure, 1973 and the appeal has been subsequently
admitted the record may be returned to the Court of Sessions for copies to be made as provided above. 8. In confirmation cases and references, where the offence involves a death sentence, one typed copy of the record and proceedings, including etc. the judgment and order should be dispatched to the high court with 7 days of the decision this copy should be typed one one side of the paper only as time record is to be printed. 9. (a) In proceedings (such on an appeal by Government against an order of acquittal under Section 302 of the Indian Penal code or against an order of acquittal in respect of any other offence where the number of accused ins more than four and the record of the case is in the opinion of the registrar very heavy or an application for revision filed by Government for jamce,emt of f sentence section 302 of the Indian penal code.) Wherein the record of the case is required to be printed in the High court. Shall supply only one copy of the record and proceeding typed on one side of the paper only. (b) in all Criminal appeals filed in the high Court the sessions judges should forward the record and proceedings immediately on the receipt of the communication by them from the High court the High court in that half incases of urgency an appeal maybe placed for admission without record and proceedings provided the advocated undertake to bring all the necessary copies at the time of hearing of motion. In appeal filed against an order an order of acquittal passed in appeal by a sessions Court, the paper books shall contain not only the diary of the proceedings and exhibits etc. in appeal to the session court but also the diary of the proceedings and the list of property before the trial /court, together with the charge framed, the English notes or memoranda of the substance of what each witness has deposed made by the presiding officer of the Court, the exhibits or English translations of exhibits admitted m statements of the accused and the judgment delivered any the trial court. The paper book shall be
divided into two parts. Part I containing the proceedings etc, in the Applicate court and Part II the proceedings etc, in the trial Court but the paging of the two parts should be continuous. The index of the paper book should be with necessary modifications) on the lines indicated in paragraph 3 (1) above but should be divided into two parts. Part I relating to the papers of the appellate Court and part II to the Papers of the trial Courts. Accompaniments to reference under section 395. 10. (i) All reference under section 395 of the code of Criminal procedure 1973 should be submitted to the case giving a brief abstract of the case giving a brief abstract of the case setting out its opinion and the reasons the fefor for the decision of the High Court. (ii) Every case should be submitted independently under a for warding letter which should contain statements as to whether the accused in in custody or on bail and his lates address in case he is on bail. And his latest address in case he is on bail. (iii) The appellate Court submitting such reference should forward for information to be trial copy of the said statement of the case. Returns to High Courts Writs 11. Returns should be made to all writs issued from the High Court if possible with in the time specified therein in the form of endorsement on the write certifying its execution, of the reasons which may have prevented its execution. When such execution involves the arrest of an accused person or the release of a prisoner the return should be made immediately after such person has been arrested or released : when execution involves the refund of a sum of money the return should be made immediately after the refund has been made. The date of the arrest the refund should be certified in the return. When such execution involves recovery of fine in addition to sentence, immediate steps should be taken for the recovery such fine an accordance with Section 421 of the Code of
recovery procedure, 1973 the detailed procedure in para I of chap Criminal procedure, 1973 the detailed procedure in para I of chapter XVIII of Criminal Manual, should be followed in this behalf In case in which prisoners have been raised the date and hour at which at the the superintendent of jail received the order to release the prisoner and the date and hour at which he released the prisoner should be certified. On the receipt of a write from the High Court the date of receipt shall be at once endorsed thereon : and when the return is made, the reason shall be stated for any delay that may have occurred beyond the period prescribed for the return. 12. In cases where the execution of write involves the release of a prisoner in jail as well as the refund of a fine the return should be certifying only the release of a prisoner, if is found that the fine can not be refunded for a period of 15 days after such release. The fact of the refund of the fine in such cases may be subsequently certified by a separate letter in continuation of the original return. 13. In all returns of writs under paragraph 11 and 12 the date on which the accused was arrested and the period on which he was on bail, should be stated it should also be mentioned whether on bail should be stated. It should also be mentioned whether at the time of the return of the writ, the accused is on bail or in custody. 14. When proceedings are called for by the High court shall be forwarded to the court and transmitted to the lower court shall be forwarded to the High Court and transmitted to the lower Court shall be forwarded to the High Court with the record and proceedings of the Magistrate. 15. When the High Court calls from a Magistrate for the record of case which record has already been sent to the Sessions court in appeal the Magistrate shall make a return accordingly to the in the appeal returned the Magistrate shall make a return accordingly to the writ. When a case is called for at the same time both on appeal by the
Sessions Court and by the High court in revision the magistrate shall comply with the order of the sessions court and make a return accordingly to the write of the High court. 16. (1) When the proceedings in Sessions cases are called for the High Court. The typed copies of the English Sessions Court in appeal the Magistrate shall make a return accordingly to the writ. When a case is called for at the same time both on appeal by the Sessions court and by the high courting revision the magistrates shall comply with the first packet. (2) When the proceedings are called for in original only the English proceedings and the other proceedings shall be sent in separate packets at similar intervals. Unless the write requires the record and proceedings to be sent within a period one week. 17. Records to be sent to the High Court and / or sessions court should be properly arranged and accompanied by a list or forest in the following form signed by a clerk or other officer of the court. List of the Record and Proceedings forwarded to the Letter High Court No..dated 19. Endorsement In. No. of 19.. No. Description Remarks Session Judge s 1. English proceedings in original Magistrates, Consisting of Exhibits Nos. 1 to
2 proceedings in original language in Magistrates, Original Consisting of Exhibits Nos. 1 to Session 3. Miscellaneous papers if any, in the Marked Magistrate s In red ink pages 1 to i) Trying Magistrate s English proceedings consisting of Exhibits Nos. 1 to ii) Trying Magistrate s proceedings in regional language consisting of Exhibits Nos. 1 to iii) Miscellanies papers, if any, in the Magistrate s Court marked in red ink pages 1 to iv) Police papers marked in red ink in pages 1 to N.B. Each part of the record as stated above should be stitched together in the book form separately, a note being made of exhibits that cannot be stitched such as account books files, etc. Appeals against Acquittals 18. The following orders have been in regard to the procedure relating to appeals against acquitials : (1) (i) Every application for leave under section 378 (3) should be a composite application traveling necessary facts and circumstance of the case along with the grounds which may be urged in the appeal with a prayer to entertain the appeal. The applicant shall file along with application two typed copies of the composite application and the Judgment or Judgments of the Court concerned.
(ii) If the leave to appeal is granted the composite application presented shall be entered in the register of appeals and numbered accordingly the applicant shall forthwith supply the requisite court fee stamps prescribed for the appeal. The session court shall be required to prepare five paper books. (2) The High court will issue the necessary orders to the Officer in charge of the prison concerned in every case of an appeal against acquittal in which the accused is in jail, for the productions of the accused in court. (3) If the accused is not in custody the trial Court should in case if poverty provided him with sufficient funds calculated on the scale of journey and subsistence mneyadmissible to witness attending the High court or enable him to proceed to Bombay or Nagpur as the case may be. These amounts should be paid from the grant for road and diet money for witnesses. (4) The trial courts on receipt of an intimation that an appeal has been admitted shall incase of pro very inform the accused person whether in custody or not that unless he intends to make engage a legal practitioner at Government expense to appear before it on his behalf ascertained that he does not intend to legal practitioner shall be engaged by the Registrar of the High court to undertake the defence and his remuneration shall be paid by government. 5) The fee of such legal practitioner should be Rs. 30 for case which amount may in the discretion of the Register engaged shall be paid in Bombay or Nagpur by the Accountant General on presentation of a bill with a certificate form he registrar according to the procedure bill with a certificate from the registrar according to the produce advocate have been engaged by the Registrar. 6) No elaborate enquiry into the accused poverty is necessary assistance should be offered to any person who cannot easily afford the cost of the journey or of his own defence, as the case may be.
7) These order should apply equally to appeals and applications for enhancement of sentences under Sections 377 and 401 of the code of Criminal procedure, 1973 respectively. 8) These orders do not affect the special scale of fees allowed under Government Resolution Home Department No. 11706 dated the 13 th December 1920 to the lawyers engaged for the define in appeals against acquittals and enhancement proceeding in revision in which any person in liable to be sentenced to death (Vide paragraph 1 of chapter v) Reports to High court for transfer 19. When a court reports a case to the High Court for transfer under section 407 (2) of the code of Criminal Procedure, 1973 it should give notice to the accused and the complainant (if any ) of the application and forward alongwith the report,and objections that may be made to the proposed transfer.