STATE UNION TERRITORY Vs. MANJIT SINGH

JUDGEMENT

(1.) THIS appeal preferred at the instance of State (Union Territory), Chandigarh, in the first instance, came up for motion hearing before me for dealing with the objection raised by the Registry to the entertainability of this appeal as also 27 such other appeals, as according to the office, the appeals lay to the Court of Session. I referred the office objection to be decided by a larger Bench, in view of the importance of the law point, that arose for consideration and that is how this appeal is before us.

(2.) WHETHER an appeal to the High Court by the State Government against an order passed by the trial Magistrate under Section 4, Probation of Offenders Act, 1958 (hereinafter referred to as the 'act'), is competent, is the legal question of some significance that falls for revolving in this appeal.

(3.) THE facts relevant to the proposition aforementioned are not in dispute and can be stated thus. Respondents were held guilty under Section 120-B/408/478, Penal Code, and were convicted accordingly by the Additional Chief Judicial Magistrate, Chandigarh, vide order dated 14th May. 1981. The learned Magistrate released them on probation of good conduct under Section 4 (1) of the Act on their furnishing bonds in the sum of Rs. 2000/-with one surety in the like amount with a direction to appear and receive sentence when called upon during the period of one year and in the meantime to keep peace and be of good behaviour. The respondents were put under the supervision of Probation Officers, Chandigarh/amritsar, during that one year in terms of Section 4 (3) of the Act They were also directed to enter into a bond in the sum of Rs. 2000/- with one surety in the like amount to observe the conditions specified in the supervision order.