SAMAD BHAT Vs. STATE

JUDGEMENT

(1.) THIS criminal second appeal which is directed against the order of the Sessions Judge, Anantnag, dated 30-12-1967 upholding the order of the Assistant Commissioner Magistrate 1st Class, Anantnag, whereby he ordered Samad Bhat to execute a bond for Rs. 1,000/with one surety of the like amount to be of good behaviour for a period of six months under Section 109, Cr. P. C. read with Section 118 of Cr. P. C or in default to undergo simple imprisonment for the said period, shall be treated as a revision application, as no second appeal lies under law in a case of this nature,

(2.) THE applicant, who is a resident of Kral Pora, was, it appears, proceeded against by the police Pampore under Section 109, Cr. P. C. with the allegations that on the evening of 30th July, 1966, he along with Sultan Khan was found attempting to conceal his presence in Mohalta Drangbal, Pampore, with a view to commit an offence, that both he and his companion on being challenged by the police took to their heals but on being chased they were caught at a short distance, that they did not give any satisfactory explanation as to their presence in Pampore, and that on search of the person of the applicant a battery and a house breaking implement were recovered.

(3.) A notice as required by Section 112 of the Code of Criminal Procedure was given to the applicant and after complying with the necessary formalities the trial Magistrate proceeded to inquire into the truth of the information against the applicant and examined Ghulam Nabi, Suraj Ram, Qabli Rathar, Dwarika Nath Constable and Habib Ullah Constable, who were cited and produced by the police.