APCrRPCO Form No. 43 : Warrant or Commitment on Sentence

Explanation using Example

Example 1: Application of Warrant or Commitment on Sentence Modification

Introduction: Ravi was convicted by a Sessions Judge for theft under Section 379 of the Indian Penal Code and sentenced to two years of imprisonment. Ravi appealed the decision, and the High Court of Andhra Pradesh modified the sentence to one year.

Application: According to Form No. 43 of The Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, a warrant of commitment must be issued to reflect the modified sentence. The document will state the new sentence and ensure Ravi is committed to the appropriate facility.

Outcome: The warrant will be updated to show the one-year sentence, and Ravi will be transferred to the designated jail. The document will also assess whether Ravi is fit for confinement in a special jail for habitual offenders.

Conclusion: Compliance with this procedure ensures that Ravi serves the correct sentence as modified by the High Court, maintaining the integrity of the judicial process.

Example 2: Handling of Fines and Property on Person

Introduction: Sita was fined ₹10,000 for a minor offense. Upon appeal, the High Court reduced the fine to ₹5,000. Sita had already paid ₹7,000 before the appeal decision.

Application: Form No. 43 requires certification of the amount of fine recovered. The document will reflect that ₹7,000 was collected, and arrangements must be made to refund ₹2,000 to Sita.

Outcome: The court will issue a refund for the excess amount paid. Additionally, any property held by the court from Sita must be returned, as noted in the warrant.

Conclusion: Proper documentation and adherence to the rules ensure that Sita's rights are protected, and any excess payment is promptly returned.

Example 3: Consideration of Prisoner’s Diet and Transportation

Introduction: Mohan, convicted of assault, is sentenced to six months in jail. He claims a specific dietary requirement due to health reasons and lives 50 miles from the nearest jail.

Application: Form No. 43 includes sections on the prisoner’s diet and transportation details. The court must consider Mohan’s dietary needs and arrange suitable transportation to the jail.

Outcome: The jail authorities will provide a diet that meets Mohan’s health requirements. Transportation arrangements will be made, and the cost will be documented in the warrant.

Conclusion: By addressing these logistical and health concerns, the court ensures Mohan’s humane treatment while serving his sentence.

Example 4: Descriptive Roll and Previous Convictions

Introduction: Anjali is convicted of fraud and has prior convictions for similar offenses. The court needs to document her history accurately.

Application: Form No. 43 requires a descriptive roll and details of previous convictions. This information helps in classifying Anjali for appropriate confinement and rehabilitation programs.

Outcome: Anjali’s previous convictions are recorded, influencing her classification as a habitual offender. This may affect her eligibility for parole or rehabilitation programs.

Conclusion: Accurate documentation of Anjali’s criminal history ensures that the correctional system can tailor her rehabilitation plan effectively.