JUDGMENT

Ryves, J. - In this case Kallu has been ordered to be bound down u/s 110 of the Criminal Procedure Code. The notice issued against him u/s 112 of the Criminal Procedure Code states that he is a thief by profession and habitually commits extortion. A large number of witnesses for the prosecution were produced and they generally say that Kallu has the reputation of being a harbourer of thieves and commits extortion. They go on to say that he has no other means of livelihood, and in cross-examination, most of them said that he had no cultivation or business, The learned Magistrate has accepted this evidence and on the strength of this evidence has passed the order u/s 110 of the Criminal Procedure Code, which was confirmed in appeal, but it is quite evident from the learned District Magistrate's order that the evidence against Kallu is extremely slight; indeed, he says so himself, The accused, who is a man of sixty years, had apparently never been suspected by the Police until early in this year when a dacoity was committed at the house of one Gobardhan Jat. He was respected, not of having taken part in the dacoity, but of helping one of the accused, a relation of his, in the