# SUBMISSION OF PROCEEDINGS IN CAPITAL CASES

- **Citation:** C.L. No. 47
- **Court:** Allahabad High Court
- **Decided:** 1958-04-23
- **Case number:** C.L. No. 47
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/submission-of-proceedings-in-capital-cases-163586
- **Pages:** 2

## Text

345
42.
SUBMISSION OF PROCEEDINGS IN CAPITAL CASES
C.L. No. 47 dated 23rd April, 1958

Under rule 67 of the General Rules (Criminal), 1957, the Sessions Court is
required to submit its proceedings to the High Court at the latest on the fourth day after
the sentence of death has been pronounced.
 All the Sessions Judges should, therefore, submit the proceedings along with the
complete record of the case on fourth day at the latest.
C.L. No. 47/VIIb-43/Admn. (G) dated 8th May, 1978
A death case is to be listed for hearing within 30 days of receipt of reference from
the District and Sessions Judges for confirmation of death sentence. The District Judges
should therefore see to it personally that the record of a death case is transmitted to the
Court along with the reference for confirmation of death sentence without any delay. To
avoid delay in transit, the record of a death case should invariably be sent by registered
parcel and not by R.R.
C. L. No. 26/ 2007/ Criminal Sec. Dated: 25.5.2007
Upon a careful consideration of the matter Hon'ble Court has taken a decision
that the paper books in the criminal cases be prepared with adequate copies wherever
appeals are admitted. In case where the trial resulted in the conviction, the paper books be
prepared immediately after the decision is rendered. As far as those cases where the
accused are acquitted in the trial court, paper books will be prepared immediately on
receiving notice of admission from the High Court.

I am therefore, to request you to kindly apprise the contents of the circular letter
to the notice of all judicial Officers in the Judgeship under your supervision and control
for their information, guidance and strict compliance of Court's direction as above.
C. L. No. -28/2007 : Dated : 29 June, 2007

It has come to the notice of Hon'ble Court that the Presiding Officers of the
Courts working on the Criminal Side, while delivering judgments/Orders, in the criminal
matters are often not citing particulars such as name of the Police Station, District, Crime
Number and Sections of the case at the beginning of the judgement at the top of the right
side of the page, which has resulted in tremendous difficulty for Hon'ble Court in
appreciation at the appellate level.
Therefore, I am directed to say that, the Hon'ble Court has resolved that from now
onwards all the judgments In criminal matters shall bear the name of the Police Station
and the District to which the case belongs and also the relevant Sections and the crime
number at the top of the page on the right side without fail. Further the issuing authority
shall ensure before issuing the certified copy of the Judgement/Order that the same bears
above particulars.

 Note: Now Rule 64 vide Notification no. 504/Vb-13 dated 5.11.1983
 Note: Now 1977 vide Notification no.504/Vb-13 dated 5.11.1983
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