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Emperor Vs. Kundan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1914)ILR36All495
AppellantEmperor
RespondentKundan and ors.
Excerpt:
criminal procedure code, sections 118 and 123 - security for good behaviour--imprisonment in default not to include solitary confinement. - chamier, j.1. in this case the magistrate passed an order under section 118 of the code of criminal procedure, and when the security demanded was not forthcoming directed that the persons concerned should be rigorously imprisoned for one year, of which two months would be spent in solitary confinement. he had no power to order solitary confinement in a case of this kind. so much of his order as directs that kundan, sumer singh and kalian shah be kept in solitary confinement for two months is set aside.
Judgment:

Chamier, J.

1. In this case the Magistrate passed an order under Section 118 of the Code of Criminal Procedure, and when the security demanded was not forthcoming directed that the persons concerned should be rigorously imprisoned for one year, of which two months would be spent in solitary confinement. He had no power to order solitary confinement in a case of this kind. So much of his order as directs that Kundan, Sumer Singh and Kalian Shah be kept in solitary confinement for two months is set aside.


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