Law: Criminal Procedure Code (V of 1898)

Section: 110,117(3)

Criminal Procedure Code (V of 1898),   Ss. 110 do 117 (3)--Proceeding under S. 110-Person proceeded against in Jail --Order under S. 117 (3) whether justified.   If the prosecution wishes to have recourse to the provision of section 117 (3), Criminal Procedure Code, 1898 on the ground of emergency, they should take steps when the matter first comes before the Magistrate to provide material before him to enable him to pass an order under that section.   Where, therefore, the persons proceeded against under section 110 of the Criminal Procedure Code, were safely in jail for sometime before their application for bail came to be considered and the Magistrate instead of hearing the bail application, passed an order under section 117 (3), Criminal Procedure Code, 1898 it was held that there was hardly an emergency which justified the taking of action under section 117 (3), Criminal Procedure Code, 1898.   Date of hearing: 17th August 1959.       JUDGMENT   On 8th November 1958, the Sub-Inspector of Police, Kandiaro, sent up a complaint under section 110, Cr. P. C. against the present three applicants. Amongst the 3 accused named in the complaint Kirir was shown as an absconder and therefore only two persons; namely Khudabux and Khan Muhammad appeared before the Magistrate on 8-11-58 when the order under section 112, Cr. P. C. was passed. As the accused were not able to furnish security under the terms of the order on that day, they were sent to jail. On 25th December 1958, a bail application was made on behalf of all the three accused persons as Kirir had also appeared on 30th November 1958 and had been. likewise sent to custody. No action was taken by the learned Magistrate on that bail application on that day and it ultimately came up before him on 29th December when he issued notice to the Pro secuting Inspector for the hearing of the bail application. The case was then taken up on 3rd January 1959, when the learned Magistrate instead of deciding the bail application allowed the Police Sub-Inspector to examine the two witnesses for the purposes of passing an order under section 117 (3), Cr. P. C. This became possible because…