( 1 ) THIS is a reference by the learned District Magistrate observing that the learned Magistrate who convicted the accused under Sections 307 and 326 was not justified in giving him the benefit of Sections 562 (1) Criminal P. C. , and recommending that the accused should be given a sentence of rigorous imprisonment instead.

( 2 ) THE accused is represented and the learned counsel on his behalf has argued that he is entitled also to show cause against the conviction of the accused under Section 307, Penal Code, The learned counsel obviously assumes that this is a case of enhancement of sentence and that accordingly under Section 439, Sub-section (6) it is open to him to show while opposing the motion for enhancement that the acaused had been wrongly convicted by the Court below. It may be pointed out that in a case under Section 562 (1), Criminal P. C. , the magistrate does not pass a sentence and merely directs the release of the accused on his executing a bond with or without sureties to keep the peace and be of good behaviour. In the circumstances, since there is no sentence, there can be no enhancement of the sentence. Accordingly the learned counsel cannot be allowed