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1929 Supreme(Cal) 292
CALCUTTA HIGH COURT
Mani Krishna Sen Gupta - Appellant
Versus
Emperor - Respondent
Decided On : 06-12-1929
Magistrates must base their suggestions and representations on the record before them and must not act as prosecutors.
Headnote:
Magistrate's Misconduct - Arrest Warrant - Release on Bail
Fact of the Case:
The accused was arrested based on a warrant, with the magistrate suggesting the accused was absconding and his brother was trying to secure false evidence of alibi. The High Court found no grounds for the suggestions and criticized the magistrate's conduct.
Finding of the Court:
The High Court directed the immediate release of the accused on bail, criticizing the magistrate's unfounded suggestions and misconduct.
Issues: Misconduct of the Magistrate, Unfounded Suggestions, Release on Bail
Ratio Decidendi: The magistrate's unfounded suggestions and misconduct prejudiced his position, and the accused was directed to be released on bail.
Final Decision: The accused was directed to be forthwith released on bail, with the bail amount to be determined by the Magistrate.
JUDGMENT
1. We have examined the record in this case and perused the explanation submitted by the Magistrate. It appears that a warrant for the arrest of this accused was applied for on 10th October 1926, and that he was arrested on 12th October 1929. There is, therefore, no ground whatsoever for the suggestion made by the trying. Magistrate in his explanation that this accused was absconding. In our opinion, such a suggestion ought never to have been made. Further, there is no warrant whatsover for the Magistrate suggesting in his explanation that this accused's brother is a zamindar's Naiab at Kabilpur and is already trying to secure false evidence of alibi on behalf of the accused. The trying Magistrate ought to have remembered that he is not entitled to make any suggestion or representation in the explanation which he may submit in any case to the High Court of anything which is not founded on the record before him. The Magistrate is not the prosecutor. He must hold the scales evenly and a suggestion of the description referred to above to a very large extent prejudices his position as Magistrate. In this case, we direct that the accused be forthwith released on bail. The amount of bail should be determined by the Magistrate and it would be such as, in the opinion of the Magistrate would be sufficient to secure his attendance in the proceedings which may follow.
