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Hasin-ud-dIn Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in17Ind.Cas.575
AppellantHasin-ud-din
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 118 - security for good behaviour. - - 1. the applicant, hasin-ud-din, by an order of the magistrate, dated the 11th of may 1912, was ordered to give security for his good behaviour for three years in his own bond for rs. this is no valid ground whatsoever for rejecting the security which is good in other respects......years in his own bond for rs. 500 and two sureties for rs. 500 each. he produced two sureties, karim bakhsh and one other. the magistrate has rejected this security for very peculiar reasons. his order runs as follows: 'the applicant, karim bakhsh, says he will keep hasin-ud-din in his village but the other surety lives ten miles away at least from that village, and he is not present. unless both the sureties live within a radius of five miles, i cannot allow this security.' the order is by no means clear as to the centre from which the radius is to be drawn, whether that centre is to be the abode of the accused or of the sureties. apparently there is no other defect in this security except that mentioned by the magistrate, namely, that the sureties do not live within five miles of.....
Judgment:

Tudball, J.

1. The applicant, Hasin-ud-din, by an order of the Magistrate, dated the 11th of May 1912, was ordered to give security for his good behaviour for three years in his own bond for Rs. 500 and two sureties for Rs. 500 each. He produced two sureties, Karim Bakhsh and one other. The Magistrate has rejected this security for very peculiar reasons. His order runs as follows: 'The applicant, Karim Bakhsh, says he will keep Hasin-ud-din in his village but the other surety lives ten miles away at least from that village, and he is not present. Unless both the sureties live within a radius of five miles, I cannot allow this security.' The order is by no means clear as to the centre from which the radius is to be drawn, whether that centre is to be the abode of the accused or of the sureties. Apparently there is no other defect in this security except that mentioned by the Magistrate, namely, that the sureties do not live within five miles of each other or of Hasin-ud-din. This is no valid ground whatsoever for rejecting the security which is good in other respects. I, therefore, allow this application, set aside the order of the Magistrate and direct that the security offered by the two sureties produced be accepted together with the bond of Hasin-ud-din and that he be forthwith released directly the bonds are filed.


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