Junab Ali Vs. Emperor

Junab Ali vs Emperor

Type Court Judgment Court Kolkata Decided May 10, 1904

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Citation: sooperkanoon.com/856182
Court: Kolkata
Judge: Pratt and; Handley, JJ.
Decided On: May 10, 1904
Subject: Criminal

Case Summary

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

Good behaviour, security for - General repute--Loans paenitentioe--Criminal Procedure Code (Act V of 1898) Section 110, 118. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Junab Ali

Respondent

Emperor

Legal References

Reported In: (1904)ILR31Cal783

Excerpt

good behaviour, security for - general repute--loans paenitentioe--criminal procedure code (act v of 1898) section 110, 118. - pratt and handley, jj.1. the petitioner was released from jail on the 26th september 1902, after having undergone one year's imprisonment on failure to furnish security for his good behaviour under section 110 of the code of criminal procedure. about fifteen months afterwards fresh proceedings of the same nature were started against him and in the result he has been again ordered to furnish security to be of good behaviour for a period of one year.2. we think that the petitioner has not had a sufficient locus poenitentioe and that the evil reputation which he had before his imprisonment has still followed him and permeated the evidence of many of the witnesses. we therefore think that the order of the magistrate dated the 29th february 1904, should be set aside and we order accordingly.

Full Judgment

Pratt and Handley, JJ.

1. The petitioner was released from jail on the 26th September 1902, after having undergone one year's imprisonment on failure to furnish security for his good behaviour under section 110 of the Code of Criminal Procedure. About fifteen months afterwards fresh proceedings of the same nature were started against him and in the result he has been again ordered to furnish security to be of good behaviour for a period of one year.

2. We think that the petitioner has not had a sufficient locus poenitentioe and that the evil reputation which he had before his imprisonment has still followed him and permeated the evidence of many of the witnesses. We therefore think that the order of the Magistrate dated the 29th February 1904, should be set aside and we order accordingly.

Same Parties Junab Ali vs Emperor Same Subject Criminal Same Judge Pratt and; Handley, JJ.

Criminal