FERNANDO, Appellant, and DE SARAM (Inspector of Police), Respondent

033-NLR-NLR-V-48-FERNANDO-Appellant-and-DE-SARAM-Inspector-of-Police-Respondent.pdf


NAG ALIN GAM AJ.—Fernando v. de Saram.
93
1946Present: Nagalingam A.J.
• FERNANDO, Appellant, and DE SARAM (Inspector of Police),
Respondent.
693—M. C. Balapitiya, 56,581.
Appeal—Accused in jail—Stay of hard labour pending appeal.
When a person sentenced to a term of rigorous imprisonment haspreferred an appeal but remains in prison the necessary instructionsshould be issued to the prison authorities to stay hard labour pendingthe appeal.
^^PPEAL against a conviction from the Magistrate’s Court, Balapitiya.Accused present in Court.
P. Wijetunge, C.C., for the Attorney-General.
December 17, 1946. Nagalingam A.J.—
There is one matter to which the attention of the learned Magistrateshould be drawn. The petition of appeal in this case was tendered toCourt on October 24, 1946, but the jail authorities had not been notifiedof the fact that the accused had filed a petition of appeal and that hardlabour should be stayed till a decision on the appeal is arrived at. Incase nothing has been lost as the appeal has been dismissed. Thelearned Magistrate should on receipt of a petition of appeal issue thenecessary instructions to the prison authorities to stay hard labourpending appeal.
Appeal dismissed.