460. Appeal for a prisoner who has no friend or agent.
(1)If a prisoner desires to appeal or to file revision declares that he has no relative, friend or agent who is willing to make an appeal or file revision for him, the Superintendent shall apply (Form No. 154) for a copy to a such prisoner against which he desires to appeal or to file revision.(2)On receipt of the copy of the judgment or order, the prisoner shall, if he is able to write, be allowed to write, his own appeal. If the prisoner is unable to write, the Superintendent shall cause his appeal to be written for him by any other prisoner or by a jail official.(3)A prisoner or official deputed to write an appeal, shall do so at the applicant's dictation, and shall neither make any suggestions to the prisoner as to what should be stated, nor add anything to what the prisoner himself desires to have stated in the appeal.(4)The Superintendent shall forward the appeal, with a copy of the judgment or order appealed against to the Chief Judicial Magistrate to be forwarded to the Appellate Court with the files of the case.(5)If, after the receipt of the copy of the judgment or order, a relative, friend or agent of the prisoner undertakes to make the appeal on his behalf and the prisoner consents in writing to that course, the copy of the judgment shall be delivered to such relative, friend or agent as the case may be under proper receipt.(6)The provisions of this rule shall as far as may be, to apply to petitions for revision or clemency and the like.Note 1. - The Superintendent is not justified in refusing to forward the appeal of any prisoner whether it is barred by limitation or not.Note 2. - An appeal made by the Superintendent on behalf of a prisoner should, before despatch, be read over to the appellant, in the presence of the Superintendent, who shall if the prisoner approves of the appeal, countersign the document and cause the official seal of the jail to be stamped thereon.Note 3. - Convicted prisoners are entitled under section 363 (1) and (2) of the Code of Criminal Procedure to a copy of the judgment free of all fees. In summons cases no court-fees are payable on the copy of the judgment. Government have further approved the principle that if the person convicted in summons case is in Jail he or his agent shall be allowed a copy of the judgment free of copying fees. In the event of any such copies being sent to the jail authorities for delivery to the prisoners by the appellate, revision or other Court, the Superintendent shall get it delivered immediately to the prisoners under his written acknowledgement.If a prisoner's appeal fails and he desires to prefer to an application for revision, he is not entitled to get back, for the purpose of his revision application, the free copy supplied under these instructions.Note 4. - "Copies of judgments of the High Court in Criminal cases, shall on application made in this behalf by the convicted prisoner, be supplied free of cost -(a)in every case in which a sentence of death or imprisonment for life has been passed or confirmed by the High Court, and(b)in any other case if the High Court so directs.Registrar High Court of Punjab letter No. 2409-Genl., dated 24th March, 1950 and Punjab Government letter No. 8952-11-51/4971 dated 27th September, 1951.
