Court No. - 43 Case :- CRIMINAL APPEAL No. - 5251 of 2008 Petitioner :- Jagesh & Others Respondent :- State Of U.P. Petitioner Counsel :- Ravindra Nath Rai,Ashok Kumar Rai Respondent Counsel :- Govt. Advocate,A.K.Verma Hon'ble Vinod Prasad,J.
When the case was taken up it was contended that appeal has been filed under
section 374 (2) Cr.P.C.
In view of statutory provision contain under section 376 Cr.P.C. and proviso
attached therewith an appeal against release on Probation of First Offenders
Act is not maintainable under section 374 of the Code. The said appeal
however, is maintainable under section 11 of the Probation of First Offenders
Act.
In such a view, the mention of section 376 Cr.P.C. on memo of appeal is not
right.
Learned counsel for the appellants then made a prayer to permit him to correct
the memo of appeal and the appeal be treated to be one under section 11 of
the Prisoners Release on Probation Act.
Learned counsel for the appellants is permitted to do so by tomorrow and then
list this appeal in the next cause list for consideration of application of the
appellants for suspending the sentence.
Order Date :- 4.2.2010
Gss