1. This is a revision application by a person convicted under Sections 386 and 368, H.P.C. to a term of six months' rigorous imprisonment, but the sentence was kept in abeyance under the provisions of Section 530, H. Criminal P.C. corresponding to Section 562 of the Indian Criminal Procedure Code on the accused furnishing security to the extent of Rs. 5,000/- for good behaviour for a period of two years, Against the order of conviction the accused filed an appeal before the District Magistrate. The District Magistrate held that the appeal was incompetent as the accused was not really undergoing imprisonment by reason of the application of Section 530, H. Cr.P.C. Against that order and also against the order of the Munsif-Magistrate finding the accused guilty of the offence, the accused has come in revision before us, that though Section 530, H. Cr.P.C, was applied still the accused is a person convicted of the offence, he having been found guilty, and that consequently he is entitled to file the appeal. We agree. Undergoing sentence is not the criterion to determine whether an appeal lies or not. The real criterion is whether there is conviction and the forum for appeal depends on the term of sentence. In this case, the sentence being six months' rigorous imprisonment, an appeal lay properly to the Court of the District Magistrate. In view of the re-organization of the Courts, the appeal will now be heard by the Sessions Judge at Nizamabad. The file will now be sent to him for deciding the appeal on merits after giving notice to the parties.
2. In the result, the revision is accepted.