VITHAL CHHANA LALLU Vs. STATE

JUDGEMENT

(1.) This reference is made by the Additional District and Sessions Judge Panaji, under Section 438 of the Criminal Procedure Code, recommending that the order of the Magistrate, First Class, Daman dated 23-10-70 ordering the appellants to furnish interim bonds be set aside as it does not comply with the mandatory provisions of Section 117(3) of the Criminal Procedure Code.

(2.) A representation was made by Gullabbhai Vallabhbhai Dessai, Respondent No. 2, to the Collector, Daman, praying that action under Sections 107 and 153, Cr. P.C. be taken against the petitioners. It appears that the matter was sent for the report of the police. The police submitted the report whereupon the Magistrate ordered to issue notices against the petitioners to show cause why an order under Section 107 be not made against them to furnish bonds for keeping peace for a period of one year for the sum of Rs. 1,000/-.

(3.) The petitioners appeared before the Court and they showed their willingness in show cause to the notice. From the roznama it appears that thereafter the matter was fixed for argument on 20-10-70, but on an application of the opposite party the matter was adjourned to 23-10-70. After hearing the arguments the Magistrate passed an order requiring the respondents to immediately execute the interim bonds of Rupees 1000/- each with two sureties in the like amount till inquiry is completed failing which the petitioners would be committed to custody.