Gujarat High Court Criminal Manual (subordinate court practice), 1977
The following rules are framed to provide for the execution of orders of the Courts of appeal, reference or revision:— (i) When a sentence on a prisoner is reversed or modified on appeal by a Court other than the High Court, a fresh warrant shall be issued by the appellate Court to the Officer in charge of the Jail and its order shall be communicated to the lower Court for record; Provided that when the appellate Court orders the re-trial or committal for trial of a prisoner under section 386 of the Code of Criminal Procedure, 1973, it shall communicate its order to the Court whose decision has been reversed and that Court shall thereupon make such orders as are conformable to the judgment or order of the appellate Court. (ii) When an appeal is dismissed or a sentence confirmed by an appellate Court other than the High Court an intimation to that effect shall be sent to the Officer in charge of the jail by such appellate Court and its order shall be communicated to the lower Court for record. (iii) When a case is decided on appeal or revised by the High Court, the Court to which the High Court certifies its order, shall proceed, under the provisions of section 388 or 405 of the Code of Criminal Procedure, 1973, to issue, when necessary, a fresh warrant or order to the Jailor and while certifying the writ it shall state that fact of such communication and the date thereof. (iv) On the rejection by the High Court of an appeal or application for revision from a prisoner in jail being communicated to the Court by which he was convicted, such Court shall at once cause intimation of the decision to be given to the prisoners and shall certify that such intimation has been given and aslo the date of giving such intimation. (v) In cases referred by the Court of Session for the confirmation of a sentence of death by the High Court, the High Court will send a copy of its order to the Court of Session, which shall then issue a warrant to the officer in charge of the jail, as provided in section 413 of the Code of Criminal Procedure, 1973. (vi) In all cases in which a sentence or order is modified or reversed, whether in appeal or revision, a separate warrant should be issued as regards each prisoner whose sentence has been so modified or reversed. (vii) In all cases, the Superintendent of that Jail shall acknowledge, by letter the receipt of any warrant, or order or intimation and shall inform the prisoner of the result of his appeal or application; a report whereof shall also be made by him in his letter of acknowledgement. (viii) In all cases in which a fresh warrant has been issued, whether in appeal or revision, the warrant should be returned to the Court issuing it when it has been fully executed. (ix) When the High Court either (1) sentences on appeal a person who has been acquitted by a subordinate Court, or (2) passes in appeal or revision a sentence involving re-imprisonment of a person who has already completed the term of imprisonment awarded by a subordinate Court; (a) if the accused person appears, the High Court will, immediately upon passing sentence of imprisonment, order the arrest of the convict and a warrant will be issued in the usual form to the Superintendent of the Central Jail, Sabarmati-Ahmedabad; (b) if the accused person does not appear, the High Court's order will be sent to the Court by which the trial was held, and it will thereupon be the duty of such Court to carry into effect the sentence of order of the High Court, in the same manner as if such sentence or order has been passed by itself. (x) In cases where an appellate Court has ordered a fine inflicted by a Court of first instance to be refunded, the appellate Court should forthwith certify its orders to the Court of first instance and the Court of first instance should, on receipt of the appellate Court's order for such refund of the fine, immediately prepare a payment order, if the fine has been levied and delivered it to the payee, whether he applies for it or not. The Court of first instance should at the same time ascertain from the payee at what treasury or sub-treasury he desires the refund to be made and at once direct the officer in charge of such treasury or sub-treasury to make the refund and inform the appellant of having done so. The officer in charge of the treasury or sub-treasury should, on presentation of the payment order and without requiring the applicant to furnish an official copy of the appellate Court's order or judgment or any other document besides his bare application, make the refund upon demand of the applicant as soon as he has furnished satisfactory proof of his identity.