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Calcutta High Court
Hirn Alias Akbar Ali Mahomed vs Emperor on 9 September, 1914
Equivalent citations: 28 Ind Cas 663
Bench: L Jenkins, Teunon


1. In this case the accused-petitioner had been required to furinish security for good behaviour under Section 110 read with Section 110 of the Criminal Procedure Code. Thereupon lie offered two sureties, and the matter was referred by the Magistrate to the Police for inquiry. The Police submitted a report to the effect that the sureties were not acceptable and, proceeding upon that report, the Magistrate refused to accept the sureties. It has been repeatedly pointed out that sureties offered should not be refused except after judicial enquiry by the Magistrate who has made the order under Section 118, such inquiry to be made under the provisions of Section 122 of the Criminal Procedure Code. This Rule was, therefore, granted calling upon the Deputy Commissioner to show cause why the petitioner should not be given an opportunity of showing that the sureties offered were fit to be accepted. No cause has been shown and on the facts we have stated, we make this Rule absolute and direct that the Magistrate d o now hold an inquiry in accordance with law and upon that enquiry decide whether the sureties offered are or are not fit persons.

2. Pending this further inquiry the sureties offered will be provisionally accepted. Rule made absolute.

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