Calcutta High Court
Chand Khan vs The Empress on 28 May, 1883
Equivalent citations: (1883) ILR 9 Cal 878
Bench: Prinsep, O’Kinealy
JUDGMENT
Prinsep, J.
1. We think that no appeal lies in this case. Section 406 provides expressly for an appeal on behalf of a person required by a Magistrate, other than the District Magistrate or a Presidency Magistrate, to give security for good behaviour, and the law nowhere declares that any appeal shall lie in other cases of this class. The order moreover is not a conviction on a trial held by a Sessions Judge (Section 410), nor a sentence of the District Magistrate subject to the confirmation of the Sessions Judge (Section 408a), and, therefore under Section 404 no appeal would lie.