1957 CRI. L. J. 147 ::22 Cut L T 508 ::ILR (1956) Cut 674

Orissa High Court

Hon'ble Judge(s): Narasimham , C.J.

Criminal P.C. (5 of 1898) , S.117, S.107, S.112— Interim bond - Reasons for Necessity. An order under S. 117 (3) should not be mechanically passed along with an order under S. 112. The reasons for drawing up proceedings under S. 107 may not be the same as the reasons for calling @page-CriLJ148 upon a party to execute an interim bond under S. 117 (3). Although both steps may be taken on the basis of a police report the reasons may be quite different. Special circumstances may arise where, notwithstanding the initiation of a proceeding under S. 107, it may be necessary to bind down a person during the pendency of that proceeding by taking an interim bond in view of his extremely unruly conduct and inclination to commit acts of violence. It is for this reason that the law requires that the Magistrate, before calling upon a person to execute an interim bond must specially apply his mind to this aspect and give his reasons, in writing, for taking such an extraordinary step.(Para 3) Anno: AIR Com. Criminal P. C., S. 107, N. 15; S. 112, N. 3; S. 117, N. 6. .....