Madhya Pradesh Court February 1951 Judgments
Ratanlal Jagnnath Vs. Halku Deochand and anr.
Court: Madhya Pradesh
Decided on: Feb-08-1951
Reported in: 1954CriLJ328
ORDERShinde, J.1. This is a reference under Section 438, Criminal P. C. One Ratanlal filed a complaint under Sections 439, 349 and 503, Gwalior Criminal P. C. against Haiku and Mst. Gumni in the Court of the Sub-Divisional Magistrate, Basoda. The Sub-Divisional Magistrate framed a charge under Section 349 on 18-5-1950. On 31-8-1950 he dismissed the complaint and acquitted the accused, because the complainant was absent. The complainant filed a revision before the Additional District Magistrate, Bhelsa, who had made this reference.2. The offence under Section 503, Gwalior Penal Code being punishable with two years' rigorous imprisonment, the complaint was rightly tried as a warrant case. The learned Sub-Divisional Magistrate framed a charge under Section 349. A complaint under Section 349 is a summons case. Hence the Magistrate gave the accused benefit of Section 247, Criminal P. C. and acquitted him. The question for consideration is whether when a trial is started as a warrant case a ...
Tag this Judgment!Bhanwarlal Mansukhlal Vs. the State
Court: Madhya Pradesh
Decided on: Feb-07-1951
Reported in: 1954CriLJ38
ORDERShinde, J.1. The Sessions Judge Shujalpur ordered the surety bond of the applicant to be forfeited. Against that order the surety has filed this application in revision.2. The learned Counsel for the applicant has urged only one point before me. He argues that under Section 353, Gwalior Criminal P. C. bail can be taken only for the period the appeal is pending. As the judgment of the appellate Court has been delivered, the surety cannot be called upon to produce the accused. Section 353, Gwalior Criminal P C is equivalent to S 42G, Indian Criminal P. C. The section runs as follows:(1) Pending any appeal by a convicted person the appellate Court may, for reasons to be recorded in writing, order that the execution of the sentence or order appealed against, be suspended and also, if he is in confinement, that he be released on bail or on his bond.The language of the section does not justify the inference that bail can be taken only for that period during which the appeal is pending. ...
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