1
* * * * * * *
Explanation. The alleged severity of a sentence shall, for the purposes of this section, be deemed to be
a matter of law.
419. Petition of appeal. Every appeal shall be made in the form of petition in writing presented by the
appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise
directs) be accompanied by a copy of the judgment or order appealed against 2* * *.
420. Procedure when appellant in jail. If the appellant is in jail, he may present his petition of appeal
and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such
petition and copies to the proper Appellate Court.
421. Summary dismissal of appeal.(1) On receiving the petition and copy under section 419 or section
420, the Appellate Court shall pursue the same, and, if it considers that there is no sufficient ground for
interfering, it may dismiss the appeal summarily :
Provided that no appeal presented under section 419 shall be dismissed unless the appellant or his
pleader has had a reasonable opportunity of being heard in support of the same.
(2) Before dismissing an appeal under this section, the Court may call for the record of the case, but
shall not be bound to do so.
422. Notice of appeal. If the Appellate Court does not dismiss the appeal summarily, it shall cause
notice to be given to the appellant or his pleader, and to such officer as the 3[Provincial Government] may
appoint in this behalf, of the time and place at which such appeal will be heard, and shall, on the application
of such officer, furnish him with a copy of the grounds of appeal ;
and, in cases of appeals under 4[section 411A, subsection (2) or section 417], the Appellate Court
shall cause a like notice to be given to the accused.
423. Powers of Appellate Court in disposing of appeal.(1) The Appellate Court shall then send for
the record of the case, if such record is not already in Court. After perusing such record, and hearing the
appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and, in case of an appeal
under 4[section 411A, subsection (2) or section 417], the accused, if he appears, the Court may, if it
considers that there is no sufficient ground for interfering, dismiss the appeal, or may
1 Subsection (2) omitted ibid.
2 The commas, words and figures, “and, in cases tried by a jury, a copy of the heads of the charge recorded under section 367” omitted ibid.
3 Subs. by A.O., 1937, for “L.G.”
4 Subs. by the Code of Criminal Procedure Amendement Act, 1943 (26 of 1943), s.5, for “section 417”.
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