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In Re: A. Shakoor Sait

Type Court Judgment Court Chennai Decided Jul 29, 1915
~1 min read
https://sooperkanoon.com/case/795014

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code (Act V of 1898), Section 110 - Security for good behaviour, period for--Security for good behaviour for two years, if legal--Magistrate, duty of. - - 1. I think that the accused need not have been asked to give security for more than one year, which is contemplated by the Legislature as the...

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: A. Shakoor Sait

Legal References

Reported In
AIR1916Mad654; 30Ind.Cas.438a

Excerpt

criminal procedure code (act v of 1898), section 110 - security for good behaviour, period for--security for good behaviour for two years, if legal--magistrate, duty of. - - 1. i think that the accused need not have been asked to give security for more than one year, which is contemplated by the legislature as the longest limit to be adopted except in very bad cases.ordersadasiva aiyar, j.1. i think that the accused need not have been asked to give security for more than one year, which is contemplated by the legislature as the longest limit to be adopted except in very bad cases.2. i, therefore, reduce such period to one year and the period to be mentioned in the consequent order of imprisonment on default to one year.3. the error of the magistrate in committing the accused to prison pending this court's orders instead of directing his detention in prison is noted. the period for which the accused has already been in prison will be treated as having boon spent in prison, though the order of committal passed just now.

Full Judgment

ORDER

Sadasiva Aiyar, J.

1. I think that the accused need not have been asked to give security for more than one year, which is contemplated by the Legislature as the longest limit to be adopted except in very bad cases.

2. I, therefore, reduce such period to one year and the period to be mentioned in the consequent order of imprisonment on default to one year.

3. The error of the Magistrate in committing the accused to prison pending this Court's orders instead of directing his detention in prison is noted. The period for which the accused has already been in prison will be treated as having boon spent in prison, though the order of committal passed just now.

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