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"Notwithstanding anything contained in this section, any convicted person to whom an opportunity has been given under Sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled also to show cause against his conviction."

On a plain reading of this section, the accused is certainly entitled to show cause against his conviction when he has been asked to show, cause why his sentence should not be enhanced. But it has been urged on behalf of the State that in view of the fact that we have already dismissed the jail appeal of the accused summarily, he is no longer entitled to show cause against his conviction. Reliance in this connection is placed on -- 'Emperor v. Koya Partab', AIR 1930 Bom 593 (2). In that case, the accused presented jail appeal which was dismissed summarily under Section 421 Cr.P.C. Notice was then issued to the accused to show cause why the sentence should not be enhanced. A question then arose whether the accused could show cause against his conviction also in view of Section 439 (6) Cr. P. C. It was held that where an appeal was presented and dismissed either after hearing or summarily, it was not open to the accused in showing cause why the sentence should not be enhanced to go again into the merits. An earlier Bombay case -- 'Emperor v. Jorabhai', 50 Bom 783 was relied upon, the only difference being that in the earlier case the previous hearing was on the merits. The reasoning in this case is based on Section 430 Cr. P. C. which provides that judgments and orders passed by an Appellate Court upon appeal shall be final, except in the cases provided for in Section 417 and Chapter XXXII of the Code of Criminal Procedure Code.