Single Judge Criminal Appeal seeking revision of conviction. Court held appeal was not maintainable because sentence imprisonment was within the bar of Section 376 CrPC.
Appeal dismissed on grounds of non-maintainability.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.230 of 2016
Arising Out of PS.Case No. -98 Year- 2010 Thana -UDWANTNAGAR District- BHOJPUR
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.... .... Appellants
Versus
The State of Bihar .... .... Respondent =========================================================== Appearance :
For the Appellant/s : Mr. Anant Kumar Pandey, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date: 12-05-2016
The instant appeal under Section 374 of the Code of Criminal Procedure has been filed by the appellants against the judgment dated 16.02.2016 passed by the learned 6th Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 144 of 2011
Patna High Court CR. APP (SJ) No.230 of 2016 dt.12-05-2016
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whereby the appellants having been convicted under Sections 323, 149 and 147 of the Indian Penal Code and have been extended the benefit of Section 4(1) of the Probation of Offenders Act, 1958 and have been released on their entering into a bond of Rs. 2,000/- and for maintaining peace and good behaviour for a period of one year.
At the very outset, be it noted that an appeal under sub-clause (2) of Section 374 of the Code of Criminal Procedure would not be maintainable by a convict under Section 374 of the Code of Criminal Procedure where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both imprisonment and fine in view of the express provision provided under clause (b) of Section 376 of the Code of Criminal Procedure.
In that view of the matter, the appeal is dismissed as not maintainable.
(Ashwani Kumar Singh, J.)
Sanjeet/-
| AFR/NAFR | |
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| CAV DATE | |
| Uploading Date | 16.05.2016 |
| Transmission Date |
16.05.2016 |
1 issue framed by the court
Whether the appellants are entitled to prefer a criminal appeal under Section 374 CrPC when the session court passed sentences of imprisonment not exceeding three months.
Madho Singh and others
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
