EMPEROR Vs. HUSSEIN GULAM NABI

JUDGEMENT

(1.) WE agree with the view taken by the Sessions Judge that he had power to require bonds under Section 106 of the Criminal Procedure Code, even although the actual order was not made at the time of passing sentence, or rather confirming the sentence that has been already passed by the Magistrate. There is nothing in Sub-section (3) of Section 106 to limit the time when the order can be made by the appellate Court, so long as it is acting, in fact, as an appellate Court; and it has already been ruled by this Court in Emperor V/s. Bhausing Dhumalsing (1908) I.L.R. 33 Bom. 33, s. c. 10 Bom. L.R. 759 that Sub-section (1) of Section 106 does not control or limit the powers conferred on an appellate Court or revisional Court by Sub-section (3) of the same section. In this case the Sessions Judge was moved in the matter of taking steps under that sub-section at the time when the appeal was before him, and his proceedings were in continuation of the appellate proceedings. The application is rejected.