STATE OF MADHYA PRADESH Vs. SAVJI

JUDGEMENT

(1.) Heard Shri S.S. Swami, learned Panel lawyer for the applicant-State on the question of admission. This revision petition arises out of an order dt. 8-4-1986, passed by the Addl. Sessions Judge, Jhabua, in Cr. Revision No.17 of 1986.

(2.) Shri Swami, learned counsel for the State submitted that the learned Judge had no power to modify the order passed by the Sub-Divisional Magistrate.

(3.) A perusal of this revision petition itself, which enumerates grounds of revision, shows that one of the grounds mentioned therein is that 'proceedings against the respondents were initiated under Ss.107 and 116., Cr. P. C. It has been contended that the learned Addl. Sessions Judge erred in law in setting aside the condition with regard to the solvency of the surety. Another ground contained in the revision-memo is that the order passed by the learned Addl. Sessions Judge is contrary to law. A perusal of the impugned order goes to show that on 2-4-1986 in absence of the respondents the Sub-Divisional Magistrate passed an order, purporting to be under S.116(3), Cr.P.C., calling upon the respondents to furnish personal bonds and solvent sureties in a sum of Rs. 2,000/- each, for keeping the peace during the pendency of the proceedings. A further condition as a rider, was imposed that the sureties must be such who do not possess less than six hectares of agricultural land.