Section 79 in Criminal Court Rules of the High Court of Judicature at Patna
79.
Petitions of appeal against the sentence or orders of Sessions Judges, presented to officers in charge of jails shall be forwarded by such officers direct to the Registrar of the High Court, intimation of the fact being at once given, in each instance, to the Judge whose sentence or order is appealed against by sending him a copy of the letter [in Form no. (M) 18, Vol. II] addressed to the Registrar with a forwarding memo.Note - Sessions Judges need not send the records of such cases to the High Court until they are requested to do so upon the admission of the appeal. [G.L. no. 1 of 4th January, 1901.][80. In the case of appeals preferred to the Court of Sessions by persons convicted by a Magistrate, the letter intimating the date fixed for the hearing and calling for the records of the case should be sent in Form (M) 14, Vol. II by the Sessions Judge to the trying Magistrate and in case of his absence to the Magistrate incharge or his successor-in-office, for compliance, with a copy to the District Magistrate and the Chief Judicial Magistrate.] [Substituted by C.S. No. 38.][81. When an appellate Court, or a Court of Revision direct the release of a prisoner on bail pending the hearing of an appeal or an application for revision, such Court shall send the warrant for his release on bail to the Court which passed the order under appeal or revision. If the Presiding Officer of the Court concerned is not there, then it shall be the duty of his successor-in-office or the officer-in-charge of his Court, as the case may be, to comply with the order. The bail orders may also lay down the amount of bail, number and nature of sureties, etc. If any person is unable to furnish the bail required of him, the Court receiving the warrant for the release of the prisoner on bail shall forthwith return the same to the Appellate Court or Court of Revision which issued it, with an endorsement thereon to the effect that the prisoner is unable to furnish the bail. [G.L. 4/40, G.L. 1/53, G.L. 6/54.]Note - In this behalf attention is drawn to General letter no. 3 of 1967 (Criminal).]
