1. We do not think it was the intention of the Legislature by the use of the words "Court before whom he is convicted" in Section 562, Criminal Procedure Code, to limit the power of making orders under that Section to the Court of First Instance, The proviso to the Section appears to us inconsistent with the view that this was the intention of the Legislature.

2. We agree with the decision in Emperor v. Birch I.L.R. 24 All. 306.