- When an appellate court has sent for a record under Section 385(2) of the Code, it shall after deciding the appeal, send back the record. If appeal is dismissed and the appellant is on bail, the court, which passed the original sentence, shall issue the necessary orders requiring the appellant to surrender, or in default of his surrendering, the necessary orders for his arrest and confinement in jail. If the appellant is in jail and the appeal is rejected or dismissed, the appellate court shall also certify the judgment or order to the officer in charge of the jail for communication to the appellant:Provided that where the appellant who is on bail, is present in court when the appeal is dismissed, he may by order of the appellate court be taken into custody by the constable of the court and be forwarded along with the record of the trial court and a copy of the judgment of the appellate court immediately to the trial court, who shall, thereupon commit the appellant to the jail to serve out the remainder of the sentence.The above procedure shall also be followed in the case of an application for revision, and in proceedings in Courts of Session under Section 123 of the Code.]
