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Purna Chandra Chakravarty Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in32Ind.Cas.683
AppellantPurna Chandra Chakravarty
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 109 - sureties, fitness of--surety's immoveable properties, if to be taken into consideration. - .....the general position of sureties. the order for bail will continue until the order regarding the sureties is passed.1see 32 ind. cas......
Judgment:

1. In this case we have read the explanation of the Deputy Magistrate. We make the Rule absolute on the ground on which it was granted, namely, that the immoveable properties belonging to the sureties should have been taken into consideration in deciding as to the stability of their position. We set aside the order of the Deputy Magistrate rejecting the sureties and direct that he do further consider the matter in the light of our remarks in Revision Case No. 1498 of 19151 to which he refers. We must, however, notice the suggestion of the Additional Magistrate that the acceptance of the sureties should be made conditional on the deposit by them of a substantial sum in cash or Government securities. We cannot accede to this suggestion, which would practically nullify the effect of our remarks with regard to the general position of sureties. The order for bail will continue until the order regarding the sureties is passed.

1See 32 Ind. Cas. 833--Ed.


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