Law: Criminal Procedure Code (V of 1898)

Section: 112, 117(3)

(a) Criminal Procedure Code (V of 1898) Ss. 112 & 117(3) -Security for good behaviour-Order under S. 117(3)-An interlocutory order in course of proceedings under S. 112-Evidence recorded in main case-Can be used for grounding reasons for passing order under S. 117(3)-Separately conducted inquiry-Not necessary for purpose. There is nothing in the judgment reported as P L D 1963 Kar. 673 or in the provision of the law itself which contemplates that a separately conducted inquiry and evidence recorded therein is necessary before an order under section 117(3) can be passed. That order is clearly in the nature of an interlocutory order in the course of the proceedings under section 112 and there is no reason at all why the evidence recorded in the main case should not be used for the purpose of grounding the reasons which are necessary before an order under that subsection can be made. State v. Haider P L D 1963 Kar. 673 ref. (b) Criminal Procedure Code (V of 1898  Ss. 112 & 117(3)-Security for good behaviour-Deposition respect ing which no opportunity for cross-examination given-No evidence at all-Gravity and emergency of situation, albeit, may not allow long adjournment for engaging counsel, in some cases, reasonable opportunity must yet be given. The deposition of a witness in regard to which an opportunity for cross -examination has not been given is not really evidence at all. One can of course entirely understand that the gravity and the emergency of the situation may be such that a long adjournment for the purpose of engaging an Advocate might not be possible but some reasonable opportunity must be given. (c) Criminal Procedure Code (V of 1898) 117(3)-Security for good behaviour-Application of mind by Magistrate upon evidence properly recorded and recording of reasons for order-Necessary pre-requisite to taking action under S. 117(3) Bald statement of his satisfaction by Magistrate-Mere perfunctory attempt at compliance of section and no substitute for reasons. Date of hearing : 28th May 1974.                                            …