JAMALUDDIN SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under S.482 of the Code of Criminal Procedure, which has been filed in the following circumstances.

(2.) The petitioners had preferred an appeal being Criminal Appeal No. 88 of the 1983 before the Sessions Judge, Palamau, at Daltonganj, from the order in which these petitioners were ordered to execute security bond u/s.117 Cr. P.C. in a proceeding u/s.107 Cr. P.C.

(3.) The appeal was admitted, but the Sessions Judge refused to grant stay of the order for execution of the security bond for keeping peace for a period of one year on the ground that the appellate Court has not been vested with the power to grant stay of the execution of the security bond under Ss.389(1) or 373 of the Cr. P.C.