317. 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 Court by which the appellant was admitted to bail, with a direction to discharge him.(b)When a sentence is modified on appeal 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 confirmed 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 charge of a police officer with the modified or the original warrant, as the case may be, to the superintendent of the jail of the district in which the appeal has been heard. With directions to recommit him to jail;(iii)if the sentence is modified or confirmed on appeal, and the Appellate Court is the High Court of Judicature, either release him on bail for appearance before the Lower Court, or send him to the superintendent of the jail at Nagpur, in the manner directed in clause (ii).(e)It is the duty of the Court to which the appellant surrenders, in view of the provisions of Section 426, sub-section (3) of the Code, to endorse on the warrant the date of his release on bail and of his subsequent surrender.
