JUDGMENT - B.V. CHAVAN, J.:---A short question that arises in this group of criminal revision applications is, whether a Magistrate who is holding an inquiry under section 116 of the Code of Criminal Procedure (the Code) is respect of an information led before him against a person under section 107 of the Cri.P.C., acting under sub-section (3) of section 116 of the Code, can pass an order directing such person to execute a Bond with or without surety for keeping the peace or maintaining good behaviour during the pendency of such enquiry till its conclusion.

2. Since this is the only question that arises in all these matters, they are being disposed of by this common order.

3. Special Executive Magistrate, Chandrapur in proceedings under section 107 read with 116 and 151 of the Code started on Istagasha, filed by the Police Inspector of Chandrapur, City Police Station, directed each of the persons in these cases to execute a P.R. Bond for Rs. 25,000/- with one or two solvent sureties in like amount pending the enquiry in the case registered on the Istagasha against each of them.

4. This order came to be challenged before the Second Additional Sessions Judge, Chandrapur by filing different criminal revision applications. The learned Second Additional Sessions Judge, Chandrapur, came to the conclusion that the power under sub-section (3) of section 116 to direct a person to execute a Bond does not apply to a case arising under section 107 of the Code and consequently the Special Executive Magistrate had no jurisdiction to pass such an order. Accordingly, he has set aside all these orders and directed the concerned Executive Magistrate to proceed with the enquiry.

5. The relevant provisions which require consideration are contained in Chapter VIII of the Code which relate to provisions regarding security for keeping the peace and for good behaviour. Section 106 provides for cases of persons who are directed to furnish security for keeping peace on conviction. Section 107 relates to cases where security for keeping peace is ordered in certain cases where person concerned is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity. Section 108 contemplates cases where persons disseminating seditious matter are dealt with. Section 109 deals with cases of suspected persons, whereas section 110 deals with cases of habitual offenders. Sections 111 to 116 relate to the actual procedure to be undertaken by the concerned Magistrate in cases arising under sections 107, 108, 109 and 110. Section 111 which requires to be taken note of reads as under:

"111. When a Magistrate acting under section 107, section 108, section 109 or section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required."

The next provision which requires consideration is section 116 which reads as under :

"116. Inquiry as to truth of information. (1) When an order under section 111 has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials and recording evidence in summons cases.

(3) After the commencement a

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