Criminal Manual 205 — DETAILS IN WARRANT COMMITTING CONVICT TO JAIL

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(1) The Criminal Court passing the sentence of imprisonment, except imprisonment till rising of the court, shall fill in all the details in the prescribed Jail Warrant No. 50 with which under the provision of section 418, Code of Criminal Procedure, 1973, it forwards the convict to the Jail. When the period of imprisonment awarded is less than or equal to the period of detention to be set off under Section 428, Criminal Procedure Code, 1973, it is not necessary to send the accused person to jail. This section is also applicable to sentence of imprisonment in default of payment of fine. The attention is invited to Supreme Court judgment in B. P. Andre Vs. Superintendent, Central Jail, Ulshar; A.I.R. 1975-S. C. 164.

(2) The Court shall specify the Court Case number in which convicted, the surname, name, father's name, age, caste, place of residence, marks of identification of the convict as mentioned in the charge-sheet submitted by the Police and plea of the convict, in the requisite cloumns of the prescribed Jail Warrant.

(3) The court shall also specify the total period of detention with specific date of detention of the accused, if any, during the investigation, inquiry or trial of the same case before the date of conviction so that the period of detention required to be set off under section 428, Code of Criminal Procedure, 1973, can be ascertained. The Court shall endorse in the Jail Warrant the following particulars :— Particulars as to the period of set off in the case in which convicted under section 428, Code of Criminal Procedure, 1973—

(i) Date of arrest of accused in the case in which convicted.

(ii) Whether released on bail ? If so, by which Court and the date on which he was released from the detention.

(iii) Date on which released on cancellation of bail or on conviction by the Court.

(iv) Total period of detention during investigation, inquiry or trial in the Court in which convicted.

(4) When the Court has decided upon the classification of the convict as 'habitual' or 'non-habitual' or 'Class I' and 'Class II' Vide paragraph 204, particulars in regard to the classification made by it shall be given.

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