BENGAL JAIL CODE,1894

 

BENGAL
JAIL CODE,1894

(IX
OF 1894)

Rules—617,
1051—1058

Immediately
after passing of the judgment awarding the sentence of death, the prisoner
shall be confined in a cell apart from all other prisoners and shall be dept
under constant guarding, which is required for the purpose of a security of
life and also for the safety of the prisoner. But we different picture have
been found in the case of an under trial prisoner who is allotted Division I as
provided under Rule 617 of the Jail Code. Other facilities to be awarded to the
prisoner if he is granted a Division I which are prescribed in Rules 1051-58,
cannot be allowed to a condemned prisoner.

The High
Court Division cannot pass an order creating anomaly in the subject and
procedural law which is being followed according to the Jail Code and the Rules
therein iii’ accordance with the provision of Prisoners Act, 1894 by the jail
authority. This Court also cannot pass any order which cannot be executed and
obeyed.

Major
(Retd) Bazlul Huda Vs The State, 20BLD(HCD)204.