SAROJA Vs. STATE

JUDGEMENT

(1.) The accused having pleaded guilty to an offence under Section 75, City Police Act, the legality and propriety of the sentence alone are open for consideration.

(2.) The offence viz.. fighting, no doubt, merited the fine of Rs. 10/- or in default one week's Rule I.; but I see no reason whatsoever to uphold the binding over to keep peace under Section 105 Cr. P. C. for a period of six mouths on her own bond for Rs. 50/- with one surety for a like sum for two reasons, namely, that there is no indication even, in the judgment, as to why the Magistrate was of opinion that it was necessary to require petitioner to execute a bond for keeping the peace; and secondly, In the instant case the binding over is an undesirable course.

(3.) The Honorary Magistrate, Bench Court, has not even indicated as to why he considered in the circumstances of this case that the security to keep peace with one surety should be asked for a period of six months, especially when he knew that asking for security would be tantamount to keeping this woman in jail for a period of six months, which punishment could not be awarded for the petty offence itself.