STATE OF MAHARASHTRA Vs. MANGALI DEWAIYYA PUPALLA

JUDGEMENT

(1.) A short question that arises in this group of criminal revision applications is, whether a Magistrate who is holding an inquiry under section 116 of the Code of Criminal Procedure (the Code) is respect of an information led before him against a person under section 107 of the Cri. P. C. , acting under sub-section (3) of section 116 of the Code, can pass an order directing such person to execute a Bond with or without surety for keeping the peace or maintaining good behaviour during the pendency of such enquiry till its conclusion.

(2.) SINCE this is the only question that arises in all these matters, they are being disposed of by this common order.

(3.) SPECIAL Executive Magistrate, Chandrapur in proceedings under section 107 read with 116 and 151 of the Code started on Istagasha, filed by the Police Inspector of Chandrapur, City Police Station, directed each of the persons in these cases to execute a P. R. Bond for Rs. 25,000/- with one or two solvent sureties in like amount pending the enquiry in the case registered on the Istagasha against each of them.