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1949 Supreme(Cal) 399

HARRIES, DAS GUPTA
Sk. Ohid – Appellant
Versus
Crown – Respondent


Advocates appeared:
Sudhansu Sekhar Mukherji, for the Appellant; J.M. Banerji, for the Respondent

JUDGMENT

Das Gupta, J. - This application is against an order of the Additional Sessions Judge of Midnapur u/s 123, Criminal P. C., directing the petitioners to execute bonds for good behaviour for a period of three years, and in default to undergo rigorous imprisonment for the same period.

2. Proceedings u/s 110, Criminal P. C., were drawn up against these petitioners and other persons, the allegations being that they were habitual thieves, robbers, house breakers and were so dangerous and desperate that their being at large without security was hazardous to the community. A large number of witnesses were examined on behalf of the prosecution and quite a fair number for the defence. The learned Magistrate came to the conclusion, on a consideration of the evidence, that the allegations that these persons were habitual thieves, robbers and house breakers had been established and it was necessary for the maintenance of good behaviour that they should be ordered to execute bonds for being of good behaviour for a period of three years. Accordingly, he sent the papers to the learned Sessions Judge of Midnapore. The learned Magistrate discharged two of the persons against whom proceedings

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