Curgenven, J.

1. The question raised in this case is whether an order passed by a Court under Section 562, Criminal Procedure Code, is appealable. The petitioner was complainant in a case in which four persons were convicted of breaking into a shop at night and committing theft, under Sections 457 and 380, Indian Penal Code. The first and second accused were boys aged 12 and 15 respectively and the Stationary Sub-Magistrate who convicted them released them after due admonition under Sub-section 1-A, of Section 562. The third accused was of mature years and received a fine of Rs. 25. The fourth and last accused was a youth aged 17, and he was released under Section 562(1) on entering into a bond with one surety. The accused two to four preferred an appeal and the learned Sessions Judge who disposed of it has, we think, rightly held that the release after admonition of the second accused was illegal because Sub-section 1-A does not apply to a case of house-breaking and further that the sentence of fine alone imposed upon the third accused was illegal because Section 457, Indian Penal Code, makes a sentence of imprisonment, with or without fine, compulsory. In the result he set as