days in all other cases
(e)
Petition for special leave
days to appeal to Supreme Court
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(ii) The presentation of a petition of appeal by a convicted
prisoner to the Superintendent shall, for the purpose of the
Limitation Act, 1908, be equivalent to presentation to the Court.
(Vide section 420 of the Code of Criminal Procedure).
(iii) The Superintendent shall not withhold the appeal of
any convicted prisoner, even though it be apparently barred by
limitation.
Interview for the purpose of appealing.
Rule92. Every convicted prisoner shall be allowed
reasonable opportunity of interviewing his relatives, friends and
legal advisers for the purpose of preparing his appeal.
Every such interview shall be allowed within sight, but out of
hearing of the prison official supervising the interview.
If a relative or agent of the convicted prisoner undertakes
to submit an appeal on his behalf, the arrangement must be
authorised by a power of attorney to which the convicted prisoner
shall affix his signature or thumb-impression. This shall be attested
by the Superintendent, or in his absence by the Deputy
Superintendent.
Prohibition against writing appeals without permission.
Rule93. No prisoner or Officer of the prison shall prepare,
write out, or submit any appeal or petition on behalf of any prisoner
without the previous permission in writing of the Superintendent.
Procedure in the case of prisoners without friends,
relatives or counsel.
Rule94. (i) If a convicted prisoner without a friend, relative
or counsel to act for him, elects to appeal, the Superintendent shall
apply to the Court concerned for a copy of the judgment or order
against which the appeal is to be filed. If several persons are
sentenced in the same case, only one copy of judgment shall suffice
for all the prisoners electing to appeal from the same prison.
(ii) On receipt of the copy of the judgment or order, a
prisoner if literate shall be allowed to write his own appeal. If the
prisoner is not able to write, the Superintendent shall cause his
appeal to be written for him by another prisoner or a prison official
strictly in accordance with the dictation of the appellant.
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