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Abdul Kader Vs. Mon Mohan Gope - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1921Cal149,66Ind.Cas.75
AppellantAbdul Kader
RespondentMon Mohan Gope
Excerpt:
criminal procedure code (act v of 1893), sections 439, 562 - first youthful offender--release on probation of good conduct--revision. - .....was made to him during the hearing of the appeal that the accused should be dealt with under the provisions of section 562. he has no objection, however, to action being taken under that section if that course commends itself to this court.5. under the circumstancer, in lieu of the sentenae passed upon the petitioner, we direst that he be released on his en'ering into a bond of rs. 100 (rupees one hundred) with two sureties for rs. 100 (one hundred) each, for one year, to appear and receive sentence when called for and in the meantime keep the peace and be of good behaviour.6. this must be done within one fortnight after the arrival of this order in the court below. failing that, the petitioner must surrender to his bail and serve the remainder of the sentence and, in that event, the.....
Judgment:

1. The petitioner has been convicted under Section 379, Indian Penal Code, and sentenced to rigorous imprisonment for two months.

2. The accused is a young man of 20 years of age; and evidently this is the first time that he has been brought to the Criminal Court. One of the witnesses for the defense, a Civil Court Mukhtear, gives him a goad abaracter,

3. Having regard to his youth and character, we think he may be dealt with under the provisions of Section 562, Criminal Procedure Code.

4. The learned District Magistrate says that no application was made to him during the hearing of the appeal that the accused should be dealt with under the provisions of Section 562. He has no objection, however, to action being taken under that section if that course commends itself to this Court.

5. Under the circumstancer, in lieu of the sentenae passed upon the petitioner, we direst that he be released on his en'ering into a bond of Rs. 100 (Rupees one hundred) with two sureties for Rs. 100 (one hundred) each, for one year, to appear and receive sentence when called for and in the meantime keep the peace and be of good behaviour.

6. This must be done within one fortnight after the arrival of this order in the Court below. Failing that, the petitioner must surrender to his bail and serve the remainder of the sentence and, in that event, the rule will stand discharged.


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