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Raghunandan Prasad Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1922All489; 67Ind.Cas.352
AppellantRaghunandan Prasad
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898,), ch. viii - order to produce sureties from within certain limits, legality of. - lindsay, j.1. this case has been admitted on one ground only, namely, the propriety of the order passed by the magistrate directing the accused to produce sureties who reside within a radius of five miles of the village of omraha.2. this order of the magistrate's is illegal. he has no authority to lay down any limits within which the sureties must reside. so much of the order, therefore, is set aside, and the magistrate will be directed to receive and accept any proper sureties who may offer themselves on behalf of the accused. let the record be returned.
Judgment:

Lindsay, J.

1. This case has been admitted on one ground only, namely, the propriety of the order passed by the Magistrate directing the accused to produce sureties who reside within a radius of five miles of the village of Omraha.

2. This order of the Magistrate's is illegal. He has no authority to lay down any limits within which the sureties must reside. So much of the order, therefore, is set aside, and the Magistrate will be directed to receive and accept any proper sureties who may offer themselves on behalf of the accused. Let the record be returned.


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