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1951 Supreme(All) 53

DAYAL, DESAI
DEODAT RAI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
D.P.UMYAL, GOPAL BEHARI, J.N.CHATTERJI, P.C.Chaturvedi, Rama Shankar, S.N.Dwivedi

DESAI, J.

( 1 ) APPLICATION No. 210 is under Sections 435 and 439, Criminal P. C. for revision of an order passed by the Ses. J. of Ballia ordering the applicant to give security under Section 3 (1) (a) (i), d. P. Prevention of Crimes (Special Powers) (Temporary) Act, No. 5 of 1949. On 24-8-1949, a first Class Magistrate issued a notice under Section 3 (1) (a) v (i) calling upon the applicant to show cause why he should not be bound down for being of good behaviour for two years. It was alleged that he is by repute a bad character and is a habitual burglar and dacoit. In the column of particulars are mentioned four suspicions in cases of burglary and dacoity. On the same date the magistrate passed an order under S. 4 of the Act requiring the applicant to give security for being of good behaviour during the disposal of the proceedings and directing him to be arrested in default. On 28-8-1949, the applicant was arrested in pursuance of this order. He denied the allegations made against him by the police, The Magistrate forwarded the record of his case to the learned Ses. J. on 12-9-1949. Both the jurors were of the opinion that action should be taken against him, and the learned Ses.










































































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