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Doobar Tewari and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1918All216(1); 46Ind.Cas.412
AppellantDoobar Tewari and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 106 - security, order to furnish--jurisdiction of district magistrate--application for enhancement of sentence. - - 200 with one surety for a like amount.george knox, j. 1. this application succeeds. the district magistrate had no power to direct that each of the accused convicted furnish a bond for rs. 200 with one surety for a like amount. at the time when he passed the order he was not trying the case as a court of appeal. i direct that the order be set aside and any security, that may have been furnished, be quashed. let the record be returned.
Judgment:

George Knox, J.

1. This application succeeds. The District Magistrate had no power to direct that each of the accused convicted furnish a bond for Rs. 200 with one surety for a like amount. At the time when he passed the order he was not trying the case as a Court of Appeal. I direct that the order be set aside and any security, that may have been furnished, be quashed. Let the record be returned.


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