PRAHLAD SAHNI Vs. STATE

JUDGEMENT

(1.) The two petitioners, Prahlad Sahni and Sitaram Sahni, who are brothers, have each been bound over under Section 109 of the Code of Criminal Procedure and ordered to execute a bond of Rs. 1,000/- with two sureties of Rs. 500/- each to be of good behaviour for a period of one year, and, in default, to suffer rigorous imprisonment for the same period.

(2.) It appears that the order under Section 109 of the Code of Criminal Procedure was passed against these two petitioners, and, three others, but the others have not come up in revision to this Court.

(3.) The prosecution case was that on 21-7-1957, at about midnight, the petitioners collected others at their own house with a view to commit dacoity in the house of P.W. 12. P.W. 12, having come to know about it, collected villagers and surrounded the house of the petitioners; and, the persons who were inside the house were asked to open the door. The door was suddenly opened, and the persons who were concealing in that house fled away. The two petitioners along with three others who bave not moved this Court, were arrested by the villagers. The petitioners, along with others, were, therefore, prosecuted under Section 109, Criminal Procedure Code.