MOHMAD YASIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of an order passed on 20-2-68 by Mr. N. M. Chhaya, City Magistrate, 7th Court, Ahmedabad, in Chapter Summary Case No. 12 of 1968 whereby the appellant has been directed to be detained in jail fop a period of the bond or till he furnishes the security under Section 123 (1) of the Criminal Procedure Code, since he failed to furnish the security as directed by the learned Magistrate by an order dated 15-1-68. He was directed to execute a bond in the sum of Rs. 1000/- for a period of one year with one surety for good behaviour under Section 109 (b) of the Criminal Procedure Code.

(2.) The appellant was found on the platform No, 7 in the early morning at about 530 a.m. on 5-1-68 moving from one compartment to the other of the Patan Local. One Parshottam Thobhan of Bhavnagar and some other persons pointed out this appellant to the police. The police made some enquiries from him and as he could not explain his presence at the platform by about that time and since he had no ostensible means of livelihood, he came to be arrested under Section 55 of the Criminal Procedure Code, On further enquiry it was found that he was from Bombay and has had no occupation. He appeared to have been convicted on different occasions in respect of offences against property and was extended from the City of Bombay. In those circumstances, the charge-sheet against him was sent up to the Court of the learned Magistrate for taking action against him under Section 109 (b) of the Criminal Procedure Code,

(3.) The learned Magistrate then passed an order marked M-2 directing the opponent to show cause why he should not be asked to execute a bond for a sum of Rs. 1000/- with one surety for the like amount for a period of one year under Section 112 of the Criminal Procedure Code. The opponent was explained the contents of that order together with the nature of the complaint filed against him and was asked as to whether he wanted to show cause against the same. To that the appellant opponent stated that he was prepared to execute surety. The learned Magistrate accepted his plea as one of admission on his part to execute the bond and that he had no cause to show against passing any order in that regard. The order was accordingly passed by the learned Magistrate on 15-1-68 whereby he was directed to execute a bond for a sum of Rs. 1000/- with one surety for like amount for a period of one year for keeping good behaviour under Section 109 (b) of the Criminal Procedure Code. The appellant did not comply with the said order and that consequently led the learned Magistrate to pass an order under Section 123 (1) of the Criminal Procedure Code whereby he has been directed to be detained in prison until such period expires or till such period he gives a security to the Court or the Magistrate who made the order requiring it. Feeling dissatisfied with that order, the opponent has come in appeal before this Court.