Procedure for hearing appeals summarily not dismissed.
If the Appellate Court does not dismiss the appeal simultaneously, it shall cause notice the time arid place at which such appeal will be heard to be given. For the purpose of the company , need to follow the proposed Company Acts and laws.
to the requester or the appellant;
The state government may appoint such officer in this behalf;
If the appeal is from a conviction or judgement in a case instituted upon complaint to the complainant and accused of the grounds of the appeal with a copy.
The Appellate court shall then send the case for a record, if such record is not available already in that Court and hear the parties.
Provided that if the appeal is only as to the extent or the sentence legality, the Court may dispose of the appeal for the record without sending.
Where the only ground for appeal from a conviction if the severity of the sentence alleged, the appellant shall not except with the court leave, urge or be heard in any other ground support.
Appellate Court powers. After such record perusing and hearing the appellant or his pleader, if he appears, and the Prosecutor of public, if he appears and under section 377 in case of an appeal or section 378, if he appears, the accused, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal or may-
in an appeal from an acquittal order, reverse such order based on the proposed company Act here and direct that further made an inquiry or that the re-tired accused or trail committed, as the case may be, or find him guilty and sentenced to pass on him according to law.
in an appeal from a conviction
reverse the sentence and filing and acquit or the accused discharge, or order him to be retired of competent jurisdiction by a subordinate court to such appellate Court or for trail committed or
finding the alter, sentence maintaining, or
with or without the finding altering and sentence and the accused discharge or acquit or order him to be re-tired by a competent court to try the offence, 0r
alter the finding, maintaining the sentence or
with or without altering the finding, alter the nature or the extent, or nature and extent, of the sentence, but not so as the same to enhance;
in an appeal of sentence for enhancement-
Reverse the finding and acquit and the sentence or the accused to discharge or order him to be re-tired by a Competent Court to try the offence for the company, or
alter the maintaining finding the sentence, or
with or without altering the finding, alter the nature or the extent, or nature and extent, of the sentence, so as to enhance or reduce the same;
in an appeal from any other order, reverse or alter such order;
e, make any consequential or any amendment or incidental order that may be just or proper;
Provided that the sentence shall not be enhanced the accused unless has had an opportunity of showing cause against such enhancement:
Further, provided that the Appellate court shall not inflict the punishment greater for the offence which in its opinion has committed the accused that might have been inflicted for that offence by the passing Court the sentence or the order under appeal.
Subordinate Appellate court Judgements.
The rules contained in Chapter XXVII as to the Criminal Court Judgement of original jurisdiction shall apply, so far as may be practicable, in the appeal of a Court to the judgement of the session or Chief Judicial Magistrate:
Provided that the Appellate Court unless otherwise directs, the accused shall not be brought up or required to attend, to hear delivered judgement.
High Court Order on appeal to the lower court to be certified-
Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its Judgement or the Court order by which the sentence, the finding or appealed order against was recorded or passed and if such Court is that of Judicial Magistrate other than the Magistrate of the Chief Judicial; and if such Court is that of a Magistrate Executive, the High Court’s Judgement or order shall be sent through the Magistrate of the Distinct.
The Court to which the High Court certifies its judgement or order shall thereupon make as are to the Judgement conformable such orders or the High Court order; and if necessary, the record shall be amended therewith in accordance.
Sentence suspension the appeal pending; appellant release on bail of the appellant.
Pending by a convicted person any appeal, the Appellate Court may, for reasons be recorded by it in writing, order that the sentence execution or appealed order against be suspended and also, if he is in confinement, that on bail he be released, or on his bond of own:
Provided that the Appellate Court shall, before on releasing the bail or on his own bond a convicted person of a punishable offence who is convicted with death or life imprisonment or for a term imprisonment or not less than ten years, shall give to the Public opportunity Prosecutor for showing cause against writing such release:
Further provided that in cases where a convicted person is released on bail that shall be open to the Prosecutor of Public for showing cause in writing against such release:
Further provided that in cases where released a convicted person on bail it shall be open to the Prosecutor of public for showing cause in writing against such release:
The conferred power by this section on an Appellate Court may be exercised also by the High Court in an appeal of the case by a convicted person to a subordinate Course thereto.
Where the person convicted satisfies the Court by which he is convicted that he intends an appeal to present, the Court shall-
where such person, being on bail, to imprisonment is sentenced for a term not exceeding three years, or
where the offence of which such person is a bailable one has been convicted, and he is on bail,
order that the convicted person on bail be released, unless there are special reasons for bail refusing, for such person will afford sufficient to present the appeal on time and obtain the orders of the Appellate Court under sub-section (1), and the imprisonment sentence shall, as long as he on bail he is released, be deemed to be suspended.
When the appellant is sentenced ultimately for a term to imprisonment or for life to imprisonment, the time during which he is so released shall be excluded in the term computing for which he is so sentenced.
Accused arrest from the acquittal in appeal
When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and before brought it or any Court of the subordinate, and before the Court which he is brought may commit him to pending prison the appeal disposal or to bail admit him.
Appellate Court may take evidence further or direct it to be taken.
391. In dealing under this Chapter with any appeal, the Appellate Court focus on the purpose of company registration, if it thinks evidence additional to be necessary, shall record its reasons and may either take such itself evidence, or direct it to be taken by Magistrate, or when the Appellate Court is a High Court, by a Session Court or a Magistrate.
When the additional evidence is taken by the Session Court or the Magistrate, it or he shall certify such Appellate Court evidence, and such Court shall proceed thereupon to the appeal disposal.
The accused or his pleader shall have the right to be present when the additional evidence is taken.
The evidence was undertaken this section shall be subject of Chapter to the provisions XXIII as if it were an inquiry.
