# 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-163589
- **Pages:** 2

## 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
347
an order suspending the execution of the sentence and then order him to be released on
bail. Since actually the reasons are required for suspending the execution of the sentence,
it is obligatory upon an appellate court to read the judgment before suspending the
execution of the sentence.

The following instruction should be noted for strict compliance in all cases where
an application for copy or translation of judgment under section 371(1) (new section
363), of Code of Criminal Procedure is made by or on behalf of a convict:
(i)
Ordinarily, a judgment by which an accused person is sentenced to a term
of imprisonment should be delivered in the early part of the day.
(ii)
The Presiding Officer should take steps to ensure that there is no delay in
furnishing a convicted person sentenced to a term of imprisonment upon
his application, with a copy of the whole of the judgment. Save in
exceptional circumstances, a copy should be supplied within 24 hours
unless he is to be released on bail under sub-section (2-A) of section 426
(new section 389) of the Code.
(iii)
The work of preparing a copy of the judgment should be taken in hand as
soon as the convicted person applies and the copy delivered to him as soon
as it is ready.
(iv)
Sessions Judges should watch the compliance of these instructions by the
Magistrates in their judgeship and report to the Court when delay in the
supply of a copy to an accused person comes to their notice.
C.L. No. 20 dated 3rd April, 1964
(v)
The accused in a case of a death sentence, should, as required by section
371(3) (new section 363) of the Code of Criminal Procedure, be
invariably informed that, if he wishes to prefer an appeal, his appeal
should be preferred within thirty days of the date of sentence as provided
under Article 115(a) of the Limitation Act (Act no. 36 of 1963).
45-A. FORWARDING A SURRENDER CERTIFICATE OF CONVICT TO
HON'BLE THE APEX COURT
C.L. No. 12/Admin. G-II dated 11.03.2011

While enclosing herewith a copy of letter dated 20.12.2010 of Sri A.I.S. Cheema,
Secretary General, Supreme Court of India, I am directed to say that when a convict
surrenders to undergo the term of imprisonment and informs the Court or the Jail
Authorities that he has filed a petition before Hon'ble the supreme Court, the Courts as
well as the Jail Authorities concerned shall ensure that on the same day of surrendering,
surrender certificate is furnished to the Registrar (Judicial), Supreme Court of India, New
Delhi and a copy thereof be immediately faxed to him.

You are therefore, requested to communicate the contents of this circular letter to
all the Judicial Officers/Courts subordinate to you and the Jail Authorities of your District
to ensure strict compliance.