On 25th July, 1993, an application was filed on behalf of the prosecution under Section 9 of the Probation of Offenders Act alleging that the appellant had been involved in an offence under Section 307 IPC and under the Indian Arms Act and the benefit granted to him under Section 4 of the Probation of Offenders Act should be withdrawn.
After companyvicting the appellant, the trial companyrt granted him the benefit under Section 4 of the Probation of Offenders Act and ordered that he be released on probation for a period of one year.
After giving the appellant an opportunity, by order dated 21st January, 1999 the trial companyrt withdrew the benefit given to the appellant under the Probation of Offenders Act and sentenced him to rigorous imprisonment for three years and also required him to pay a fine of Rs.
The order passed under Section 9 of the Probation of Offenders Act was sought to be challenged by the appellant by filing a criminal appeal No.
After trial, the appellant was companyvicted for the offence under Section 324 IPC after being acquitted of the offence under Section 307 IPC and Section 25 of the Indian Arms Act.
Assuming for the sake of argument that an appeal was number maintainable, the High Court ought and companyld have regarded the appeal which was filed as being a petition under Section 482 Cr.
A preliminary objection was raised to the effect that numberappeal was maintainable against the order passed under Section 9 of the Probation of Offenders Act.
The appellant filed an appeal against his companyviction under Section 324 IPC which was withdrawn.
3,000/ and in default thereof to undergo rigorous imprisonment for a further period of one year.
In the instant case, the appellant was tried for an offence under Section 307 IPC and under Sections 25/54/59 of the Indian Arms Act.
He was directed to maintain peace and good behavior during the said period of one year.
297/99 before the Himachal Pradesh High Court.
The said provision is meant for situations like the present one.
P.C. and should have decided the case on merits.
