JANGI GOPE Vs. STATE

JUDGEMENT

(1.) This revisional application is against the order of the Additional Sessions Judge dated 8-7-57 affirming in appeal, the order of the Magistrate dated 20-3-56 directing the petitioners under Section 118 Cr. P.C. to execute bonds of Rs. 500 each with two sureties of like amount for keeping the peace for four months or, in default, to undergo simple imprisonment for the same period.

(2.) In support of this application Mr. Akbar Imam contended that the order of the learned Magistrate as wall as the order of the appellate Court was vague, inasmuch as, they did not specify the date by which the security bonds were to be furnished. It is true that no date was fixed for the furnishing of the security bonds, and it is unfortunate that the appellate Court also missed this point This omission, however, does not vitiate the entire order, and the irregularity may be cured by fixing a date by which the security bonds should be furnished. This contention, therefore, does not advance the petitioners' case.

(3.) It was next contended by him that the order of the Magistrate has become nugatory by efflux of time, inasmuch as, the period of four months during which petitioners were directed to keep the peace had already expired. In support of this contention reliance was placed upon a decision of the Allahabad High Court in Babu Ram v. Rex, AIR 1949 All 21. In that case Agarwala J., sitting singly, observed as follows :