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PART F -- EXECUTION OF THE ORDERS OF CRIMINAL APPELLATE COURTS AND COURTS OF REVISION
The following rules, as to the mode of carrying out the orders passed on appeal or in revision by Criminal Courts, should be observed:-
(i) High Court will certify its decision to Lower Court.-- The High Court will certify its decision to the Court from whose judgment the petition of appeal or application for revision was preferred:
Provided that if such judgment was that of a Court subordinate to the Magistrate of the district, the decision of the High Court will be certified to the Magistrate of the district.
(ii) Lower Court will inform prisoner and the Jail Superintendent.-- The Court to which the decision is certified will, in cases of rejection of appeal or confirmation of sentence, cause the appellant to be informed; and in cases of alteration, reversal or enhancement of sentence, will issue a warrant accordingly to the Superintendent of the Jail of the district in which the trial was held, or , if the original sentence was one of fine only, to the person to whom the original warrant was addressed.
Sessions Judges should not fail to communicate the High Court's orders in Murder References and appeals to the convicts merely on the assumption that the High Court will itself directly communicate the result to the convicts.
When a sentence of death is confirmed or passed by the High Court in appeal or revision, the Sessions Judge, to whom the decision of the High Court is certified, shall issue the warrant for the execution of sentence of death, to the Superintendent of the Jail to which the prisoner was originally committed. If the condemned prisoner has been or should be transferred to another jail, and the Superintendent to whom the original warrant of commitment was addressed returns the warrant for the execution of the sentence of death to the Sessions Judge with an intimation that the prisoner has been transferred to another jail, the Sessions Judge shall issue a revised warrant for the execution of the sentence of death to the Superintendent of the jail in which the condemned prisoner is confined.
Note:- When a sentence of death has been suspended under Chapter XXIX of the Code of Criminal Procedure, the passing of further orders regarding the carrying out of such sentence is a matter for the Government ordering the suspension and not for Sessions Judge.
(iii) Sessions Judge will at once inform Jail Superintendent direct about all orders of release or alteration or enhancement of sentence passed by him.-- The Sessions Court will in all cases in which its order on appeal requires the immediate release of a prisoner, issue a warrant of release direct to the Superintendent of the Jail in which the prisoner is confined. The Superintendent of the Jail will, after executing such warrant, forward it with the original warrant of commitment duly filled up, to the Magistrate of the district in which the trial was held. If in any case the warrants have not been received from the Superintendent of the Jail by the time the records in the case are returned by the Sessions Court, it will be the duty of the Magistrate of the district to at once institute inquiries as to whether the prisoner has been released, and, if necessary, to issue his own warrant for the release of the prisoner.
In cases of alteration, or enhancement of sentence, also the Sessions Court will issue a warrant direct to the superintendent of the Jail in which the prisoner is confined. In cases of rejection of appeal or confirmation of sentence, the Sessions Court will certify its decision on appeal to the Magistrate of the district in which the trial was held, who will cause the appellant to be informed. When an appeal is rejected the Superintendent of the Jail in which the prisoner is confined should also be informed direct by the Appellate Court.
Note: ***[Omitted].
(iv) Prisoners not to be transferred from the jail until decision of appeal. Exceptions.-- The Magistrate of the district will, in communication with the Superintendent of the jail, arrange that no prisoner is removed from the Jail in which he has been confined by order of the Court sentencing him to imprisonment until the period of appeal has expired, or, if at that time an appeal is pending, until the decision of the Appellate Court is known:
Provided that prisoners committed to the Muzaffargarh Jail may be transferred to Multan Jail and prisoners committed to the Faisalabad Lock-up may be transferred to the Gujranwala, Jhelum or Sialkot Jails but no prisoner so transferred shall be removed from the jail to which the transfer is made until the period of appeal has expired, or, if an appeal has been filed, until the decision of the Appellate Court is known; and that notices issued by any Court for service on such prisoner shall be forwarded without delay to the Superintendent of the Jail in which the prisoner is confined, with instructions that it be returned direct, after service, to the Court issuing such notice.
(v) Duty of Jail Superintendent to inform the Superintendent of the Jail to which the prisoner has been transferred about orders passed by appellate court.-- If for any reason an exception is made to the above rule, and a prisoner is transferred before the order of the Appellate Court is known, the Superintendent of the Jail to which the prisoner was originally committed will forward the information or warrant of the order of the Appellate Court to the Superintendent of the Jail to which the prisoner has been transferred, and the latter officer, having executed the order, will report execution to the Court issuing the information or warrant.
(vi) Execution of sentences passed under Section 35, Criminal Procedure Code.-- The Inspector-General of Prisons has pointed out that difficulties occasionally arise in carrying out sentences, passed under section 35 of the Code of Criminal Procedure, of which one is to take effect after the expiration of the other, when the first sentence to be executed is subsequently set aside on appeal.
(vii) If the sentence which is to take effect first is set aside on appeal the appellate court should direct the original court to issue a fresh warrant directing that the second sentence be carried out at once.-- When a prisoner, on whom separate sentences are passed under section 35 of the Criminal Procedure Code, is committed to jail under two separate warrants, the sentence in the one to take effect from the expiry of the sentence in the other, the date of such second sentence shall, in the event of the first sentence being set aside on appeal, be presumed to take effect from the date on which he was committed to jail under the first or original sentence. A direction to this effect should invariably be given and communicated by the Appellate Court to the Court which passed the original sentence, with a view to the issue of a fresh warrant to the Jail authorities in supersession of the original warrant.
(viii) Procedure for execution of order of appellate court when accused has been admitted to bail.-- Where an accused person has been admitted to bail pending the hearing of his appeal, the original warrant of commitment shall, after being returned by the jail authorities to the court which issued it, be forwarded to the Appellate Court, which may take action as follows on the decision of the appeal:-
(1) In every case in which a sentence is reversed on appeal, the Appellate Court shall return the original warrant with a copy of its order to the Court by which the accused was admitted to bail, with directions to discharge him.
(2) In every case in which a sentence is modified on appeal, the Appellate Court shall prepare a fresh warrant (in the form prescribed in the following rule) and shall forward the same, with the original warrant and with a copy of its order, to the Court by which the accused was admitted to bail, with directions to take measures to secure his surrender and commitment to jail on the modified warrant.
(3) In every case in which a sentence is confirmed on appeal, the Appellate Court shall make an endorsement on the original warrant to the effect that the sentence has been confirmed and return it with a copy of its order to the Court by which the accused was admitted to bail, with directions to take measures to secure his surrender and recommitment to jail on the original warrant.
In each of the cases last above-mentioned it shall be the duty of the Court to which the accused surrenders to his bail to endorse on the warrant the dates of his release on bail and of his subsequent surrender.
(ix) Procedure when accused surrenders to his bail in Appellate Court.-- Where an accused who has been released on bail presents himself in an Appellate or a Revisional Court and his sentence is confirmed or so modified that he has still to serve some term of imprisonment, such Court shall commit him to Jail on the original or a modified Warrant, and shall inform the District Magistrate concerned of the action taken when sending a copy of its judgment.
(x) Procedure when re-trial is ordered.-- When, on appeal, re-trial is ordered and the accused is not released on bail, but is remanded to the judicial lockup, the Jail authorities should return the original warrant of commitment to the trial court. If, however, the order for re-trial is subsequently set aside, and the appellate court is directed to re-hear the appeal, the appellate court should take care to re-call the original warrant and re-commit the accused to jail to serve his sentence, pending disposal of the appeal. If it thinks it fit to release the accused on bail, the procedure laid down in paragraph (viii) above should be followed.
(xi) Form of warrant when a sentence is modified or altered on appeal.-- The following form of warrant is prescribed for use by Appellate Courts when a sentence is modified or altered on appeal:-
In the Court of the ---------------------------------at-----------------------------
To the Officer-in-charge of the Jail------------------------------------------------------
at--------------------------------------------------------------------------.
Whereas----------------------------, son of-------------------------------------of Village-----------------------------------------Police Station----------------------------
in the district of-------------------, was convicted by-----------------------Magistrate
of--------------of the offence of--------------------------------------and was sentenced
on the----------day of---------------------------19 to---------------------------, which conviction and sentence have been modified on appeal by this Court, and in lieu thereof the said------------------------------------------has been convicted of the offence of----------------------------and sentenced on the---------------------- day of---------------19 to------------------------.
This is to authorise and require you the said Superintendent to receive the said---------------------------into your custody in the said jail, together with this warrant, and carry the aforesaid sentence into execution according to law; and this is further to authorise and require you to return to this Court the original warrant of commitment in lieu whereof this warrant is issued.
Given under my hand and seal of the Court, this------day of----------------19 .
Sessions Judge or Magistrate.
LHC - Shahrah-e-Quaid-e-Azam -
Lahore - Pakistan
Computer Cell, Lahore High Court.
Comments Or Suggestions to webmaster@lhc.gov.pk
For Further Information: info@lhc.gov.pk