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In Re: A. Shakoor Sait - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported inAIR1916Mad654; 30Ind.Cas.438a
AppellantIn Re: A. Shakoor Sait
Excerpt:
criminal procedure code (act v of 1898), section 110 - security for good behaviour, period for--security for good behaviour for two years, if legal--magistrate, duty of. - - 1. i think that the accused need not have been asked to give security for more than one year, which is contemplated by the legislature as the longest limit to be adopted except in very bad cases.ordersadasiva aiyar, j.1. i think that the accused need not have been asked to give security for more than one year, which is contemplated by the legislature as the longest limit to be adopted except in very bad cases.2. i, therefore, reduce such period to one year and the period to be mentioned in the consequent order of imprisonment on default to one year.3. the error of the magistrate in committing the accused to prison pending this court's orders instead of directing his detention in prison is noted. the period for which the accused has already been in prison will be treated as having boon spent in prison, though the order of committal passed just now.
Judgment:
ORDER

Sadasiva Aiyar, J.

1. I think that the accused need not have been asked to give security for more than one year, which is contemplated by the Legislature as the longest limit to be adopted except in very bad cases.

2. I, therefore, reduce such period to one year and the period to be mentioned in the consequent order of imprisonment on default to one year.

3. The error of the Magistrate in committing the accused to prison pending this Court's orders instead of directing his detention in prison is noted. The period for which the accused has already been in prison will be treated as having boon spent in prison, though the order of committal passed just now.


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