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Bhagwan Sahai Vs. Emperor - Court Judgment

LegalCrystal Citation
Decided On
Reported in7Ind.Cas.910
AppellantBhagwan Sahai
criminal procedure code (act v of 1898) ch. viii - surety for good behaviour--surety living ten miles away--friend of accused--magistrate's discretion to reject surety. - .....the sureties be.....

Chamier, J.

1. The 1st and 2nd grounds taken in the application for revision are abandoned. The 3rd only is pressed. It is to the effect that the Magistrate acted wrongly in refusing to accept the sureties tendered by the applicant. The Magistrate appears to have refused the sureties on the strength of a statement by a Sub-Inspector of Police that they lived 9 or 10 miles from the applicant and were on friendly terms with him. If they were not on friendly terms with him, they would probably not have stood surety for him. I see no reason why, it otherwise fit, they should be rejected on the ground that they live 10 miles away. The applicant was not required to produce residents of his own village as sureties. 1 gather from the Magistrate's order that he would not have rejected the sureties merely because they lived 10 miles away. Unnecessary difficulties should not be thrown in the way of people required to give security. I direct that the sureties be accepted.

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