CHANDRESWAR BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS criminal revision petition is directed against the order dated - 31 -12 -81 passed by the Executive Magistrate, Sibsagar in Misc. Case No. 386 of 1981 directing the petitioner to execute an ad interim bond for Rupees 10,000/ -. The petitioner was arrested from his residence on "30 -12 -81, brought to the Sibsagar Police Station and detained in the lock up without disclosing any ground. It appears on 30 -12 -81 one S.I., Sibsagar Police Station, submitted a report, whereupon the Misc. Case No. 386/81 was registered under Section 107 of the Cr. P.C. to the following effect:

(2.) THE learned Executive Magistrate it is submitted, without holding any enquiry with regard to the correctness or otherwise of the information alleged by the police and without recording any evidence, passed the impugned order dated 31 -12 -81, which reads:

(3.) MR . S. N. Medhi, the learned Counsel appearing for the petitioner, submits that the impugned order for execution of ad interim bond passed without commencing the enquiry as contemplated by law, is illegal and liable to be quashad. Mr. S. Ali, learned Counsel appearing for the State of Assam, submits that the learned Magistrate having found from the police report that the accused was instigating the public to involve in the road block programme, which created the apprehension of breach of peace, asked the petitioner to show cause under Section 107 of the Cr. P.C. and meanwhile to execute the interim bond and he committed no error in doing so.