BAHADUR MOLLA Vs. ISMAIL

JUDGEMENT

(1.) The question involved in this Rule is whether a convicted per-son has a right of appeal, generally speaking, from an order passed against him under Section 562, Criminal Procedure Code.

(2.) As far as we have been able to discover there is no reported decision of this Court on the point. The point was considered by the Court of the Judicial Commissioner of Upper Burmah in the case of Mi Shwe Nyun V/s. King-Emperor [1904] 1 Cr. L.J. 543 and the Chief Court of the Punjab in the case of Emperor V/s. Manohar Das [1904] 24 P.R. 1904 Cr., which latter decision has been afterwards followed by the same Court in the case of Hayata V/s. Emperor [1917] 20 P.R. 1917 Cr.. The Allahabad High Court appears to have followed the ruling of the Punjab Chief Court, see the case of Emperor V/s. Ghasite [1915] 37 All. 31.

(3.) All the above decisions are in favour of the view that an appeal does lie from an order passed under Section 562, Criminal Procedure Code.