JADUMANI SAHU Vs. STATE

JUDGEMENT

(1.) This is a revision petition against an order under Section 117 (3) Cri. P. C., passed by Sri K. C. Mohapatra Sub-divisional Magistrate, Cuttack during the pendency of a proceeding under Section 107 Cri. P. C. against the petitioners.

(2.) The principles to be followed by Magistrates in calling upon a party to execute an interim bond under Section 117 (3) Cri. P. C. during the pendency of a proceeding under Section 107 Cri. P. C. have been laid down in Munshi Ghafur Khan v. Saratullah, 22 Cut LT 508.

(3.) Merely because in the Police report recommending the initiation of a proceeding under Section 107 Cri. P. C. there is a prayer for taking interim bonds from the accused persons the Magistrate would not be justified in calling upon the accused to execute such bonds. The Magistrate must himself be satisfied that notwithstanding the initiation of the proceeding under Section 107 Cri. P. C. there is apprehension of breach of peace continuing till the termination of the proceeding and that it could not be prevented except by calling upon the accused persons to execute interim bonds under Section 117 (3) Cri. P. C. The order of Sri K. C, Mohapatra does not show that he applied his mind to this aspect of the matter. I may also, in this connection, invite the attention of the learned Magistrate to the decision of the Andhra High Court reported in Venkatasubba Reddy In re AIR 1955 Andhra 96.