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Jadumani Sahu and ors. Vs. the State - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtOrissa High Court
Decided On
Case NumberCriminal Revn. No. 293 of 1958
Judge
Reported inAIR1961Ori53; 26(1960)CLT263; 1961CriLJ412
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 107 and 117(3)
AppellantJadumani Sahu and ors.
RespondentThe State
Appellant AdvocateM.S. Rao, ;M.K.C. Rao and ;A.K. Das, Advs.
Respondent AdvocateA.K. Tripathy, Adv. for ;standing counsel
DispositionRevision allowed
Cases ReferredMunshi Ghafur Khan v. Saratullah
Excerpt:
.....ltd. v smt rita devi, 1997(2) glt 406, approved. new india assurance co. ltd. v birendra mohan de, 1995 (2) gau lt 218 (db) and union of india v smt gita banik, 1996 (2) glt 246, are not good law]. - the magistrate must himself be satisfied that notwithstanding the initiation of the proceeding under section 107 cri......the initiation of a proceeding under section 107 cri. p. c. there is a prayer for taking interim bonds from the accused persons the magistrate would not be justified in calling upon the accused to execute such bonds. the magistrate must himself be satisfied that notwithstanding the initiation of the proceeding under section 107 cri. p. c. there is apprehension of breach of peace continuing till the termination of the proceeding and that it could not be prevented except by calling upon the accused persons to execute interim bonds under section 117 (3) cri. p. c. the order of sri k. c, mohapatra does not show that he applied his mind to this aspect of the matter. i may also, in this connection, invite the attention of the learned magistrate to the decision of the andhra high.....
Judgment:
ORDER

R.L. Narasimham, C.J.

1. This is a revision petition against an order under Section 117 (3) Cri. P. C., passed by Sri K. C. Mohapatra Sub-divisional Magistrate, Cuttack during the pendency of a proceeding under Section 107 Cri. P. C. against the petitioners.

2. The principles to be followed by Magistrates in calling upon a party to execute an interim bond under Section 117 (3) Cri. P. C. during the pendency of a proceeding under Section 107 Cri. P. C. have been laid down in Munshi Ghafur Khan v. Saratullah, 22 Cut LT 508.

3. Merely because in the Police report recommending the initiation of a proceeding under Section 107 Cri. P. C. there is a prayer for taking interim bonds from the accused persons the Magistrate would not be justified in calling upon the accused to execute such bonds. The Magistrate must himself be satisfied that notwithstanding the initiation of the proceeding under Section 107 Cri. P. C. there is apprehension of breach of peace continuing till the termination of the proceeding and that it could not be prevented except by calling upon the accused persons to execute interim bonds under Section 117 (3) Cri. P. C. The order of Sri K. C, Mohapatra does not show that he applied his mind to this aspect of the matter. I may also, in this connection, invite the attention of the learned Magistrate to the decision of the Andhra High Court reported in Venkatasubba Reddy In re AIR 1955 Andhra 96.

4. I therefore allow this revision petition andset aside the order dated 2-9-59 of Sri K. C. Mohapatra directing the petitioners to execute bondsunder Section 117(3) Cri. P. C. The hearing of theproceeding under Section 107 Cri. P. C. should be expedited.


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