BADSHA Vs. EMPEROR

JUDGEMENT

(1.) The accused was convicted by the Second Presidency Magistrate, Madras, of an offence punishable under Sections 420 and 379, Indian Penal Code, and sentenced to under go rigorous imprisonment for a term of one year. On appeal to this Court by the accused, I was of the opinion that it was expedient that the accused should be released on probation of good conduct under Section 562 of the Cr. P.C. as he was only 17 or 18 years of age and a first offender. Accordingly, I directed that he should be released on his entering into a bond of the, kind specified in Section 562 for Rs. 1,000 with two sureties each for a like sum.

(2.) The Chief Presidency Magistrate has reported that the accused has not furnished security and submitted the case for orders of this Court.

(3.) The point to be decided is whether in the circumstances the punishment originally awarded stands. I do not think it does. Sub-section 2 of Section 562 runs thus: "An order under this section may be made by any Appellate Court or by the High Court when exercising its power of revision".