SHIV NARAYAN DHINGRA, J. ( 1 ) THIS criminal appeal under Section 374 of Cr. P. c. has assailed the judgment and order on sentence dated 09. 02. 1999 and 12. 2. 1999 passed by learned additional Sessions Judge in case FIR No. 131/1992 under Sections 302/307/147/148/149/353/332/436/427 of the Indian Penal Code and under Section 27 of Arms Act convicting the appellants only under Section 149 of IPC and releasing the appellants on probation for a period of two years each, on their furnishing personal bond of Rs. 8000/- each with one surety of the same amount. ( 2 ) IT is settled law that the right to appeal is not natural and inherent right of a person. An appeal lies against the judgment of the lower court only if permitted by statute. Section 372 of Cr. P. C. reads as under: "372. No appeal to lie unless otherwise provided.-No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force. 2. The present appeal has been filed by the appellant against the order of learned ASJ whereby the learned ASJ has not awarded any sentence to the appellants after convicting the appellants under Section 149 of the Indian penal Codebut has only ordered the appellants to execute a bond for keeping good conduct for two years. No appeal lies in such a case. Section 376 of Cr. P. C. reads as under: "376.
No appeal lies in such a case. Section 376 of Cr. P. C. reads as under: "376. No appeal in petty cases.-Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:- (a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine no exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Sessions or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine' (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees: provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground- (i)that the person convicted is ordered to furnish security to keep the peace; or (ii)that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii)that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case. ( 3 ) ADMONISHING or releasing on probation of good conduct cannot be equated with a sentence and no appeal shall lie if the convict is only asked to execute bonds for keeping good conduct for some period. When the legislature in its wisdom has not permitted an appeal against order of the Court of Sessions in petty cases, even where the court has awarded imprisonment up to three months or fine up to Rs. 2000/-, no appeal lies when no sentence at all has been passed. ( 4 ) IN view of my above discussion, I find that this appeal is not maintainable and is liable to be rejected. I, therefore, dismiss this appeal being not maintainable.