Section 86 in Criminal Court Rules of the High Court of Judicature at Patna
86.
Judicial Officers must understand that this notice is intended solely for the communication of the result of the appeal to the appellant, and in no way relieves them from the duty of issuing revised warrant when such are necessary.Proviso 1. - Provided that, where an accused 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.(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 direction to discharge him.(2)If the conviction and sentence are set aside and a retrial of the accused is ordered by the Appellate Court, that Court shall return the original warrant together with its order on the appeal [x x x x] [Deleted by C.S. No. 40.] to the Court which tried the case, with directions to retry the prisoner for the offence charged.(3)In every case in which a sentence is modified on appeal, the appellate Court shall prepare a fresh warrant [in Form no. (M) 75, vol. II] 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.(4)In every case in which a sentence is confirmed 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 take measure to secure his surrender and re-commitment to jail on the original warrant.In each of the last above mentioned cases, 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.The copy of the order of the Appellate Court referred to in clauses (1) to (4) of this proviso shall be in Form no. (M) 17-A, Vol. II, and shall be prepared and despatched immediately after the order has been passed, without waiting for the judgment, a copy of which shall be sent to the Court concerned as soon as it is prepared. A direction by the Appellate Court to take measures to secure the surrender of an accused and his re-commitment to jail on an original or on a modified warrant shall be carried out by the Court or Magistrate to whom it has been issued without any delay.Note - The bail-bond, if any, must invariably accompany the copy of the order.Proviso 2. - Provided also that where an accused surrenders to his bail in the Appellate Court, such Court, in every case in which the sentence is reversed on appeal, shall discharge him; and in every case in which the sentence is modified or confirmed on appeal, such Court shall forward the accused in charge of a Police Officer, with the modified or the original warrant, to the District Magistrate, with direction to commit him to custody as in cases (3) and (4) of Proviso 1.Note - Wherever a Sessions Division consists of more districts than one, the District Magistrate in this proviso shall be held to be the Magistrate of the District in which the Sessions Court is sitting for the hearing of appeals.
