GOVINDER SINGH VERMA Vs. BACHUBHAI T PESTONJI

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 10 June, 1968 of the High Court at Bombay refusing to set aside the order dated 11 December, 1967 passed by the Sub-Divisional Magistrate, Poona.

(2.) The order of the Sub-Divisional Magistrate came to be passed under the following circumstances. On 3 March, 1967 the respondent Mrs. Pestonji filed an application and lodged a complaint in the Court of the Sub-Divisional Magistrate, Poona under Section 107 of the Code of Criminal Procedure alleging that the appellants had threatened to kill the son of the respondent Mrs. Pestonji and threatened to endanger the safety of the members of the respondent's family. On 10 May, 1967 a notice was issued by the Magistrate requiring the appellants to appear in the Court of Sub-Divisional Magistrate, Poona and to show cause why they should not be asked to furnish a surety and a personal bond for a sum of Rupees 1000/- each for a period of one year for ensuring non-committal of any act on the part of the appellants in future that might result in a breach of the peace. On 10 May, 1967 the appellant Govinder Singh appeared before the Magistrate and his statement was recorded. The appellant Govinder Singh said that he was not ready to give in writing any surety or any bond. The appellant Narinder Singh was also examined by the Magistrate on 10 May, 1967. He also said that he was not willing to give in writing any surety or any bond. The case was adjourned from time to time until 3 August, 1967. On that date, the Sub-Inspector of Ghorpadi Police Station was examined. On 11 November, 1967 the appellant Narinder Singh was not present in Court. The case was adjourned till 23 November, 1967. On that date the appellants attended the Court.

(3.) On 11 December, 1967 the Sub-Divisional Magistrate, Poona passed an order as follows:-