Bisheshwar Dayal vs Emperor - 1921 Supreme(All) 119

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1921 Supreme(All) 119

WALSH
Bisheshwar Dayal – Appellant
Versus
Emperor – Respondent

JUDGMENT

Walsh, J. - This is an application ii revision against an order made by a Firs Class Magistrate u/s 110, Criminal Procedure Code, directing the applicant Bisheshwar Dayal, to give security in Rs. 300 or to be detained in custody for three years. The cases in which this Court can, I think, interfere in revision on questions of fast, particularly u/s 110, Criminal Procedure Code, are rare. On the other hand the administration of Section 110, Criminal Procedure Code, has to be very carefully watched. If there is clear and apparently credible evidence in support of the prosecution case and the decision has been arrived at in a well-balanced judgment, speaking for myself, I decline to interfere. Where evidence has been misunderstood or ignored, difficulties have not been seen, or the Rules of evidence have not been followed, it becomes a very difficult matter and if the judgment itself does not commend itself to the Appellate Court, one is inclined to look narrowly at the grounds upon which a man has been bound down. In this case I propose to interfere merely upon a most unsatisfactory impression left upon my mind by the substantive evidence, for the prosecution on which the cas

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