EMPEROR Vs. KESHAVLAL GIRDHAR

JUDGEMENT

(1.) THE order is illegal. THE Sessions Judge puts it on the ground that in effect he is only " adjourning the proceedings at present" by not passing a sentence but instead calling on the accused to furnish security. In the first place, if it is an adjournment-which it is not, we think- no Court has inherent power to adjourn the passing of sentence in this way for an indefinite period and the Sessions Judge has exercised his discretion unreasonably. Secondly, the order cannot be treated as one of adjournment because the Sessions Judge has, as a matter of fact, directed security to be given. Such an order is legally and practically one of sentence. THE order is quashed and the accused sentenced to one year s rigorous imprisonment.