(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.