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Documents citing Sheo Narain Tandon vs The State on 1 May, 1958

Kishori Lal Agarwal vs Ram Chandra Sindhi And Anr. on 23 May, 2002

As a matter of fact, when a person is released on probation of good conduct, no sentence in the first instance is imposed on him but what is significant to note is that there is a liability upon him to appear and receive a sentence during the period of probation. Such an accused can on violation of the terms of probation be called upon to serve a sentence as may be imposed by the Court concerned. Admonition cannot be termed to be a synonym of fine as a person released on admonition is under no liability to pay any amount. This view is fortified from the principle of law laid down in, Sheo Narain Tandon v. The State, 1959 Cri LJ 677 (All), whereby it was held that no doubt by giving a convicted person who has been released on probation the right to appeal he is placed in a more favoured position than a convicted person, who has been sentenced to punishment falling within the limits of Section 413 of the Old Criminal Procedure Code but it is no reason denying the right of appeal to the persons convicted but let off on admonition so that they may not be in more favourable position. The basis for this distinction is obvious and as indicated above, it is that such a convicted person and released after admonition will be subject to the sentence of imprisonment or of fine during the tenure of his probation, on being called by a Court for violation of the terms of probation. If such a convicted person is called during the tenure of probation and sentenced to an imprisonment for a specific term, he may at that stage not be legally entitled to file an appeal against the verdict of conviction. It is in view of this idea that the appeal would be maintainable. Therefore, the appellant/complainant's contention that the Criminal Appeal No. 112 of 1979 file by Ram Chandra in the Court of Sessions was incompetent is rejected as being not sustainable.
Allahabad High Court Cites 7 - Cited by 0 - B Singh - Full Document
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