Provided always that upon refusing to confirm a finding the Court of appeal or the
High Court or the County Court Judge or a First Class Magistrate, as the case may
be, may order either a re-trial of the case by same or another Court and on the same
or another charge framed by him or a resumption of the original trial for the purpose
of hearing fresh evidence or of further examining all or any of the witnesses at the
original trial and of giving a fresh judgement, and may also order such previous
preliminary investigation or inquiry as he may think proper;
(f) He may substitute a finding of not guilty for a finding of guilty;
(g) He may while exercising any of the foregoing powers amend, annul or add any
consequential order as may be just or proper;
(h) He may confirm or annul any recommendation for special treatment or make such
recommendation in any case in which none has been made.
(2) The Court of Appeal or the High Court or the County Court Judge, as the case
may be upon an order under section 80 being submitted to him for
confirmation, and the County Court Judge after receiving a petition of appeal
under section (254) and sending for the record of the proceedings, may
exercise the following powers, that is to say:(a) he may confirm the order.
(b) if the order was made under sections 80 or 86 he may annul the order or
reduce the amount of the security or the number of the sureties or the term for
which security has been required or he may postpone the enforcement of the
order to give security; and if he annuls the order any bond already executed
under sections 80 or 86 shall forthwith become void;
(c) if the order was made under section 299 or was an order made absolute
under sections 102 or 103, he may annul the order or vary it in such manner
as he thinks fit.
NOTE : For form of warrant of Commitment to prison on alteration of sentence, see
Schedule 11 , 37 and 38,
257.
Powers of Revision.
(1) The Court of Appeal may on its own motion call for and examine the record of any
criminal proceedings before any court, and High Court may in like manner call for
and examine the record of any criminal proceedings before a County court Judge or
Magistrates Courts and the County Judge may in like manner call for and examine
the record of any proceedings before a 2nd class Magistrate or Payam Court within his
County for the purpose of satisfying itself or himself as to the correctness, legality, or
propriety of any finding, recorded or passed or as to the regularity of the proceedings
of the court.
86
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