In Re: Pichari Anthu and anr. - Court Judgment

Excerpt:

criminal procedure code (act v of 1898), section 35 - sentence for offence, directed to take effect after expiry of sentence for default to find security for good behaviour, legality of. - - 3 and 4 were undergoing for default to find security for good behaviour, was illegal see.orderspencer, j.1. the sub-magistrate's direction that the sentence of two month's imprisonment for the offence under section 225b of the indian penal code should taken effect after the expiry of the sentence which the accused nos. 3 and 4 were undergoing for default to find security for good behaviour, was illegal see. joghi kannigan v. emperor 31 m.k 515 : 4 m.l.t. 223 : 8 cri. l.j. 402. i direct that it be reckoned to commence from the date of the magistrate's order, viz., 9th april 1915.

Judgment:

ORDER

Spencer, J.

1. The Sub-Magistrate's direction that the sentence of two month's imprisonment for the offence under Section 225B of the Indian Penal Code should taken effect after the expiry of the sentence which the accused Nos. 3 and 4 were undergoing for default to find security for good behaviour, was illegal See. Joghi Kannigan v. Emperor 31 M.K 515 : 4 M.L.T. 223 : 8 Cri. L.J. 402. I direct that it be reckoned to commence from the date of the Magistrate's order, viz., 9th April 1915.