Illiyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3547 of 2018 Arising Out of PS. Case No.-130 Year-2012 Thana- Babubarhi District- Madhubani ====================================================== Illiyas, S/o Md. Makbool, residence of village- Barail (Khoriya Tola), P.S.- Babu Barhi , District- Madhubani.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None For the Respondent/s :

Mr. Binod Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-11-2018 Despite repeated calls, no one appears for the appellant.

This appeal under Sections 374(2) and 389(1) of the Code of Criminal Procedure, 1973 has been filed by the appellant challenging the judgment dated 08.08.2018 passed by the Presiding Officer, Fast Track Court, Madhubani in Sessions Trial No. 235 of 2013/13 of 2018 whereby the appellant has been convicted under Section 324 of the Indian Penal Code and has been released on his entering into a bond to maintain good conduct for two years with two sureties of Rs. 5,000/- each and to appear and receive sentence when called upon, in case, he fails to maintain good conduct.

Apparently, after being held guilty, the appellant has been given benefit of Section 4 of the Probation of Offenders

Patna High Court CR. APP (SJ) No.3547 of 2018(3) dt.26-11-2018 2/2 Act.

Under such circumstance, in my considered opinion, an appeal under Sections 374(2) and 389(1) of the Code of Criminal Procedure, 1973 would not be maintainable. If the appellant is aggrieved by the impugned judgment of the court below, an appeal under Section 11(2) of the Probation of Offenders Act, 1958 would be maintainable before this Court.

In that view of the matter, the appeal is dismissed with liberty to the appellant to challenge the impugned judgment by way of filing another appeal in accordance with law before this Court.

(Ashwani Kumar Singh, J) Md. S/- Sanjeev U T