9. ***[Omitted].
LHC - Shahrah-e-Quaid-e-Azam -
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PART G -- SUPPLY OF COPIES TO APPELLANTS AND APPLICANTS FOR REVISION, AND TRANSMISSION OF APPEALS AND APPLICATIONS OF PRISONERS TO APPELLATE AND REVISIONAL COURTS
Introductory.-- The particular attention of Sessions Judges and District Magistrates is invited to the following directions relating to the supply of copies to appellants and applicants for revision, and for the transmission of appeals and applications of prisoners to the Courts to which they are addressed. Superintendents of Jails have been supplied with these directions to guide them in dealing with applications for copies made by prisoners under their custody.
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[2. Appeal to be accompanied by copy of judgment or order. Free supply of copy in certain cases.- Section 419 of the Code of Criminal Procedure requires every petition of appeal presented to a Criminal Court to be accompanied (unless the Court to which it is presented otherwise directs) by a copy of the judgment or order appealed against. This copy (or a translation of the judgment where the accused desires to have a translation), unless the appellant has been convicted in any case tried summarily or for an offence under any law other than the Pakistan Penal Code, must, under the provisions of section 371 of the Code, be given free of cost.
3. Application for revision to be accompanied by copy of judgment. Free supply of copy to accused in warrant cases.- Similarly, applications for revisions will not be received unless accompanied by copies of the judgment or judgments impeached, or unless the Court, otherwise directs under section 419, of the Code of Criminal Procedure. If it is intended that the Court should give such directions, it should be stated clearly why the prisoner is unable to furnish the copy. When the applicant has been convicted in any case not being a case tried summarily or where the accused has been committed of an offence other than the Pakistan Penal Code, ***[...] he is entitled, if he has not appealed, to get a copy of the judgment of the Court, which convicted him free of charge and if he has appealed, to get a free copy of the judgment of the Appellate Court, or a translation of such judgment, where he desires to have a translation (sections 371 and 424 of the Code of Criminal Procedure). If he has appealed, the applicant is not entitled to a second free copy of the judgment of the original Court.]
3-A. Free supply of copies to jail prisoners.-- The High Court has decided that notwithstanding anything contained in paragraphs 2 and 3, when the accused is in jail, a copy of the judgment or order may be supplied free of cost if he or his agent requires it for purposes of filing an appeal or petition for revision and not otherwise, provided that a second copy of the judgment or order of the original Court shall not be supplied free of cost for purposes of revision if he has already obtained one for the purposes of filing an appeal.
3-B. A copy of the judgment of the court of Session, in appeal or revision, in every criminal case in which, as a result of the decision of the Sessions Judge, any convicted person is required to undergo imprisonment for a period of not less than two years, shall be supplied free of cost to the Superintendent of the Jail concerned within one month from the date of judgment or order.
4. Petitions of appeal preferred by prisoners.-- Petitions of appeal preferred by prisoners through the Superintendent of the Jail should be sent direct to the Appellate Court, as required by Section 420 of the Code of Criminal Procedure. The Appellate Court will itself requisition the records from the Record Room.
5. Typewritten copies of record and judgment to be sent to High Court.-- Whenever the appeal of a person, convicted by a Court of Session is forwarded to the High Court, particular care should be taken to see that the petition of appeal is accompanied by a typewritten copy, in English, of the whole proceedings of the Sessions trial. When the sentence is one of death or transportation for life, two typewritten copies of the record should be sent.
6. Extra copies to be prepared in advance by stenographers- So far as possible, stenographers in typing from dictation, evidence and judgments in all classes of cases should prepare by duplication all extra copies likely to be required for this purpose, as well as for supplying the accused or any other person requiring a free copy. This should avoid the preparation of fresh copies by the Copy Clerk. Similarly these copies should be duplicated when they are likely to be required by any subordinate Court.
7. ***[Omitted].
8. ***[Omitted].
9. ***[Omitted].
Computer Cell, Lahore High Court.
Comments Or Suggestions to webmaster@lhc.gov.pk
For Further Information: info@lhc.gov.pk