# reformatory school), and is convicted comes within the purview of section 32 of the

- **Citation:** C.L. No. 22/VII-C-15
- **Court:** Allahabad High Court
- **Decided:** 1954-03-26
- **Case number:** C.L. No. 22/VII-C-15
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/reformatory-school-and-is-convicted-comes-within-the-purview-of-section-32-of-163581
- **Pages:** 1

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must not on every occasion blindly order the sentence to run concurrently as if there were
no alternative."
C.L. No. 22/VII-C-15 dated 26th March, 1954
A youthful offender who escapes from the reformatory school, commits another
offence during the period of his detention (though not actually confined in the
reformatory school), and is convicted comes within the purview of section 32 of the
Reformatory Schools Act, 1897.
The sentence passed in a case, to which section 32 of the Reformatory School
Act, 1897, applies, should commence at once, that is, a court has no power to award a
consecutive sentence in such a case, irrespective of the provisions of section 397 (new
section 427) of the Code of Criminal Procedure, 1898.
As specifically provided for by this section, the court should in each case, report
the matter to the State Government immediately after conviction.
(iii)
Fixing of dates for execution of condemned prisoners
C.L. No. 28/VIII-a-19, dated 21st March, 1957
The provisions of the Supreme Court Rules and the instructions issued by the
Government of India, Ministry of Home Affairs regarding procedure to be followed in
relation to petition for mercy appeals and applications for special leave to the Supreme
Court by or on behalf of the prisoners sentenced to death should be strictly followed
while fixing the date for execution of the condemned prisoners.
Article IX of the aforesaid instructions, inter alia, provides that the sentence of
death shall not be executed until the expiry of the period of limitation prescribed for
referring applications for special leave to the Supreme Court. Under Order XXI, rule 2 of
the Supreme Court Rules, 1950, such a period of limitation is thirty days from the date of
the order of the High Court refusing certificate of leave to appeal to the Supreme Court.
Sessions Judges should, therefore, fix the date for execution of the prisoners
sentenced to death after the expiry of the period of limitation prescribed for preferring
application for special leave to the Supreme Court by or on behalf of the condemned
prisoners.
(iv) Report regarding conviction of Yugoslav nationals
 C.L. No 57/VIIIe-32 dated 16th October, 1954

The Government of India and the Government of the Federal Peoples Republic of
Yugoslavia have agreed, on a basis of reciprocity, to exchange information regarding
nationals of one country convicted and sentenced by a court of criminal jurisdiction in
another country.

Whenever a Yugoslav national is convicted and sentenced by a criminal court in a
sessions division, the Sessions Judge should submit a report to Government for
transmission to the Government of India.