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Section 741: Appeal facilities

The Rajasthan Prisons Rules, 2022State Rules of Rajasthan · 1894

(1) Immediately on receipt of a warrant of execution from the court consequent of the confirmation by the High Court of the sentence of death, the Superintendent shall inform the convict that if he wishes to appeal to the Supreme Court under any of the relevant provisions of the Constitution of India, hereinafter referred to as “appeal and application”, respectively, he may do so within the period prescribed by the Supreme Court Rules.

(2) If the prisoner under sentence of death so desires, the Jailor or the Law Officer as the case may be, shall at once get his appeal prepared for him as far as possible in his own words and it shall be forwarded either under registered cover or hand delivered by a prison official to the Registrar of the appropriate court under intimation to the State Government and the Inspector General of Prisons.

(3) Whenever a sentence of death has been passed by any Court, the sentence shall not be executed until after the dismissal of the appeal or of the application or, in case no such appeal has been preferred or no such application has been made, until after the expiry of the period allowed for an appeal or for making of such application:

Provided that, if a petition for mercy has been submitted by or on behalf of a convict, the execution of the sentence shall further be postponed, pending the orders of the President thereon:

Provided further that, if the sentence of death has been passed on more than one person in the same case and if an appeal or an application is made by or on behalf of only one or more but not all of them, the execution of the sentence shall be postponed in the case of all such persons (convicts) and not only in the case of the person or persons by whom, or on whose behalf, the appeal or the application be made.

Where this provision sits

ActThe Rajasthan Prisons Rules, 2022
Section741
Marginal noteAppeal facilities
JurisdictionState of Rajasthan
StatusIn force as published by the source

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