451. Action where an accused surrenders to his bail.
- 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 office with the modified or original warrant to the Chief Judicial Magistrate with directions to commit him to custody as in case (2) and (3) of paragraph 450.Note I. - Wherever a Sessions Division consists of more districts than one, the Chief Judicial Magistrate in this paragraph shall be held to be the Chief Judicial Magistrate of the District in which the Sessions Court is sitting for the hearing of appeals.Note II. - 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 the seal of the court this_______________________________, day of ___________________________, 19____________________________.Sessions Judge or MagistrateIf, on the expiration of his sentence, a prisoner is found to be suffering from serious illness he shall, if he elects to remain under treatment in jail, under section 26(3), if the Prisons Act 1894, be allowed to do so until certified fit for discharge.
