Section 83 in Criminal Court Rules of the High Court of Judicature at Patna
83.
(a)In every case in which a sentence is reversed the Appellate Court shall fill in the prescribed form of warrant of release on appeal, and shall send the same direct to the officer-in-charge of the jail in which the appellant is confined. [G.L 6/57](b)In every case in which a sentence is modified on appeal the Appellate Court shall prepare a fresh warrant in the form reproduced in Volume II as Form no. (M)75. in accordance with the terms of the order passed and shall send the same direct to the officer-in-charge of the jail in which the appellant is confined. When the fresh warrant is returned with the endorsement of execution under [Section 430] [Substituted by C.S. No. 39.] Criminal Procedure Code, the Appellate Court shall forward it to the court from the decision of which the appeal was preferred to be attached to the original record.(c)The Appellate Court shall, at the same time when the release warrant or fresh warrant is issued recall and cancel the original warrant of commitment and this warrant as well as the release warrant when returned with an endorsement of execution shall be attached to the record of the original Court and returned to it therewith. [G.L 5/40](d)In the event of the conviction and sentence being set aside and a retrial ordered the Court directing the retrial shall communicate its order to the Jail authorities with a view to the necessary action being taken under rule 513 of the Jail Code. [G.L 4/40]
