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State of Rajasthan - Section

Section 413 in Rules of the High Court of Judicature for Rajasthan, 1952

413. Application for a certificate under Article 132(1) or 134(1) (c) of the Constitution,

(a)An application for a certificate under Article 132 (1) or 134 (l)(c) of the Constitution in a criminal proceeding may be made orally to the Court before or at the time when any judgment, final order or sentence is passed. The Court shall thereupon record an order granting or refusing to grant such certificate. Where no such oral application is made, a written application for such certificate may be made within [sixty] [Substituted by No. 6/SRo, dated 1-6-1965, published in Rajasthan Gazette Part IV-C, dated 17-6-65.] days from the date of such judgment, final order or sentence and no application made beyond that period shall be entertained:
Provided that the Court may for sufficient cause shown extend the time.
(b)It shall not be necessary to file a copy of the Judgment, final order or sentence with an application under sub-rule (a).
It shall further contain a certificate signed by the Advocate for the applicant stating that the accused was not on bail or that, if he was on bail he has surrendered to it.
(c)Contents of application. - The application shall state succinctly and clearly such facts, as it may be necessary to state in order to enable the Court to determine whether such certificate ought to be granted and shall be signed by the applicant or his Advocate.
(d)Notice of application. - If the Court does not find sufficient reason to admit the application, it shall reject it. Whether the application is not so rejected, it shall be heard after notice thereof has been given to the Government Advocate and where the application is on behalf of the Government, to the respondent.