134. Procedure when sentence altered reversed or confirmed.
(1)When the sentence under which the applicant is in confinement is reversed or modified, the appellate court shall issue a fresh warrant in conformity with its judgment or order, after including therein all appropriate endorsements on the original warrant, and shall send the new warrant direct to the Officer-in-charge of the jail in which the appellant is confined. A copy thereof will be sent to the Court from whose order the appeal was preferred to be attached to the original record.The Presiding Officers submitting record to the appellate or revisional court shall see that the original warrant, if necessary, has been drawn and placed on record.(2)When a sentence is modified or reversed in appeal by the High Court, the warrant shall be signed and issued by the Court to which the appellate judgment or order is certified under section 388 of the Code; provided that if it is shown that delay in the release of a prisoner would otherwise be caused, the warrant may be issued direct by the High Court and the fact intimated to the lower Court.(3)When the appellant has been admitted to bail pending the hearing of the appeal, the following special rules shall apply: -(a)When 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 appellant was admitted to bail, with a direction to discharge him.(b)When a sentence is modified on appeal, the appellate court shall prepare a fresh warrant in conformity with its order, and shall send it with the original warrant and with a copy of its order to the Court by which the appellant was admitted to bail, with directions to take measures to secure his surrender and recommitment to jail on the modified warrant, if under the latter, the appellant remains liable to imprisonment.(c)When a sentence is confirment on appeal, the appellate court shall return the original warrant with a copy of its order to the Court by which the appellant was admitted to bail, with directions as in sub-rule (b) of the rule.(d)When the appellant surrenders to his bail in the appellate court the Court shall, -(i)If the sentence is reversed on appeal, discharge him;(ii)If the sentence is modified or confirmed on appeal and the appellate court is not the High Court of Judicature, send him in custody with the modified or the original warrant, as the case may be, to the Officer-in-charge of the jail of the district in which the appeal has been heard, with direction to recommit him to jail; and(iii)If the sentence is modified or confirmed on appeal and the appellate court is the High Court of Judicature, send him to the Superintendent of the jail at Jodhpur or Jaipur, as the case may be, in the manner directed in clause (ii).(4)It is the duty of the Court to which the appellant surrenders, in view of the provisions of section 389(4) of the Code, to endorse on the warrant, the date of his release on bail and of his subsequent surrender.The original Court or the trial court from whose order the appeal was preferred must prepare and place on record the warrant under section 418(1) of the Code even if the sentence is suspended by it or by the appellate court. The appellate court shall send that warrant along with the warrant of its own to the Officer-in-charge of the jail in which the appellant is confined. The original warrant shall mention the following particulars also: -(i)Date of arrest of the convict by the police.(ii)Date of remand to the judicial custody.(iii)Date of release on bail.(iv)Whether at present in custody.(v)Number of days to be set off against sentence of imprisonment in view of section 428 of the Code. The warrant prepared and sent by the appellate court to the Officer-in-charge of the jail in which the appellant is confined or is to be confined must also mention all relevant information required for the purpose of set off under section 428 of the Code.
