# by all the concerned under your administrative control, in letter and spirit

- **Citation:** C.L. No. 169/VIII
- **Court:** Allahabad High Court
- **Decided:** 1976-10-28
- **Case number:** C.L. No. 169/VIII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/by-all-the-concerned-under-your-administrative-control-in-letter-and-spirit-163588
- **Pages:** 1

## Text

346
I am to request you to kindly ensure that the above directions are complied with
by all the concerned under your administrative control, in letter and spirit.
43.
REALISATION OF FINE
C.L. No. 169/VIII a-105 dated 28th October, 1976
The Criminal Courts should take all possible steps for expeditious realization of
unpaid amounts of fines imposed by them in Criminal Cases.
44.
SET-OFF
 C.L. No. 142/VIIb-110 dated 19th December, 1978
Section 428 of the Code of Criminal Procedure, 1973 provides that the period of
detention, if any undergone by an accused person during the investigation, inquiry or trial
of the same case and before the date of such conviction, shall be set off against the term
of imprisonment imposed on him on such conviction. In order to facilitate the jail
authorities to find out the period of detention already undergone by a particular convict as
an under trial the court is taking steps to bring about relevant amendments in form nos.
35, 42, 43 and 44 in Appendix B (part VIII) of General Rules (Criminal), 1957.
Till such amendments are finalised, while filling in such forms the Presiding
Officers/officials are directed to mention crime no. 19- below the words case no. or trial
no. as the case may be in the relevant forms.
45.
MEASURES TO SAFEGUARDS A CONVICT'S RIGHT

TO APPEAL AND SUSPENSION OF SENTENCE
G.L. No. 1/VIIb-35 dated 23rd August, 1956
In Criminal Revision no. 1113 of 1952 Shambhu, etc. v. State, reported in
1956 Allahabad Law Journal, page 521, it has been pointed out that -
(i)
an order or an order sheet (fard ahkam)is not a judgment;
(ii)
a memorandum of appeal must therefore be accompanied by a copy of
judgment;
(iii)
if it is accompanied by a copy of the order in the order sheet and not the
judgment it is not entertainable and can be rejected straightaway;
(iv)
an appellate court can exercise its powers of enlarging an appellant on bail
under section 426(1) (new section 389) of the Code only when there is a
valid appeal before it;
(v)
an appellant cannot be released on bail unless the memorandum of appeal
filed by him is accompanied by a copy of the judgment; and
(vi)
there must be reasons for enlarging him on bail and they must be stated in
the order.

The question of releasing an appellant on bail can arise only after the execution of
the sentence of imprisonment is suspended; therefore, an appellate court must first pass

 Note: Now 1977 vide Notification no. 504/Vb-dated 5.11.1983