IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.53 of 2007 CHANDRA SHEKHAR GIRI Versus STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Akhileshwar Prasad Singh, Adv. For the Opp. Party Nos. 2 to 5 : Mr. Sunil Kumar No. III , Adv. For the State : Indu Bala Pandey, A.P.P. ---------------- 5 09.01.2009 It has been submitted that no appeal was maintainable before the learned Lower Appellate Court. Heard both sides before this court. Both the counsels fairly admitted that under Section 11 of the Probation of Offenders Act, the appeal was maintainable. On a query Mr. Akhileshwar Prasad Singh, learned counsel appearing on behalf of the petitioner fairly admits that this issue was not raised by either of the parties. This court also takes into account the fact that the complainant in the meanwhile has died. Counsel for the petitioner submits that a substitution petition of the complainant has already been allowed by this court. Having regard to the said position this court finds no justification for interfering with the judgment and order passed by the learned Lower Appellate Court. The application is dismissed. Rajeev/ (Kishore K. Mandal, J.)