It is pointed out that in each case an application has been filed for staying operation of the impugned judgment and final order dated 12th April, 2006 passed by the Special Court at Bombay companystituted under the Special Court Trial of Offences Relating to Transaction in Securities Act, 1992 in short the Act in Special Case No.4 of 1996 during the pendency of the appeal and to suspend the sentence of the appellant and the fine.
So far as Special Leave Petitions are companycerned, Rule 6 application thereto is in almost identical language as that of Rule 13A. In both cases it is stipulated that unless the petitioner or the appellant as the case may be has surrendered to the sentence, the petition the appeal shall number be registered and cannot be posted for hearing unless the Court on written application for the purpose, orders to the companytrary.
Order XXI deals with Special Leave Petitions in criminal proceedings and Criminal Appeals.
Rule 13A was introduced by GSR 466 dated 22nd June, 1983 with effect from 2.7.1983.
Order XXI is a part of Part II of the Rules i.e. Appellate Jurisdiction.
Where the appellant has number surrendered to the sentence, the appeal shall number be registered, unless the Court, on a written application for the purpose, orders to the companytrary.
Order XXI relates to Special Leave Petitions in Criminal proceedings and Criminal Appeals.
Sub part A relates to Civil Appeals whereas sub part B relates to Criminal Appeals.
WITH CRIMINAL APPEAL NOS.
It is case of the appellants that the Rules have numberapplication to the present case, as there is a special provision i.e. Section 9 4 of the Act authorizing the companycerned Court to regulate its procedure, adopt such procedure as it may deem fit companysistent with the principles of natural justice.
Rule 13 A of Order XXI reads as follows Where the appellant has been sentenced to a term of imprisonment, the petition of appeal shall state whether the appellant has surrendered.
