# execution of the sentence

- **Citation:** C.L. No. 20
- **Court:** Allahabad High Court
- **Decided:** 1964-04-03
- **Case number:** C.L. No. 20
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/execution-of-the-sentence-163591
- **Pages:** 2

## Text

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.
348
46.
APPEARANCE OF PRISONERS BEFORE HIGH COURT
C.L. No. 24/VIII-a-28 dated 17th March, 1956
The issue of a notice for the hearing of a criminal appeal by the High Court does
not necessitate the appearance of the prisoner in person before the Court on the date of
hearing.

Therefore, unless the High Court issues a specific order that the accused should be
produced from jail. The Magistrate should not issue orders to the jail authorities for the
appearance of accused in person.
47.
SESSIONS CASES AND APPEALS
(i)
Distribution of work
C.L. No. 2352 dated 8th July, 1904
 When the criminal work of a judgeship is light, it is the duty of the District Judge
to take on his own file as much of the civil appellate work of his district as possible. It is
only in this way that District Judges can judge the qualification of their subordinate
officers. It is, moreover, desirable that Judges should take every opportunity of enlarging
their acquaintance with civil law, and the court thinks that this end will best be secured
by Judges making a point of hearing from time to time some original civil suits in
addition to their civil appellate business. Judges should note in their annual reports
reasons, which have prevented them from complying with these instructions.
G.L. No. 21/67-5(2) dated 4th July, 1931 as modified and supplemented by
G.L. No. 9/67-2 dated 1st February, 1938 and
C.L. No. 4/VIII-h-13 dated 11th January, 1951
Where there are Additional or Assistant Sessions Judges to help District Judges,
the work should be so arranged that District judges dispose of a fair proportion of civil
work.

In order that District Judges should be fit for, higher judicial appointments it is
imperative that they should do civil work regularly. The object will be sufficiently served
if District Judges do not transfer to Civil Judges any Munsif's appeals over Rs. 2,000 in
value. They should decide four or five original suits during the course of the year. Such
original suits should be of a valuation over Rs. 5,000.
C.L. No. 32/IV-4 dated 26th February, 1971
In order to bring the civil work under control most of the criminal appeals and
revisions be entrusted to Additional Sessions Judges for disposal and important sessions
trials, criminal appeals, revisions and civil work including appeals be done by the District
Judges themselves.
C.L. No. 33 of 1969 dated 25th March, 1969
 Except during the summer-vacation, the Additional District and Sessions Judges
should not take up criminal work but devote themselves to the disposal of civil cases
exclusively triable by a District Judge.