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Criminal Reference No. 10 of 1968, decided on 18th June 1968.
Ss. 107, 112 & 117(3)‑Interim bond‑Order to execute interim bond under S. 117(3)-- Can be passed only after order under S. 112 made in writing and person concerned made aware of it-‑Words "pending completion of enquiry" in S. 117(3) envisage inquiry to commence before ordering execution of interim bond‑Magistrate directing proceed ing to be drawn up under S. 117 and requiring party proceeded against to execute interim bond without compliance of provisions of S. 112‑Order in circumstances, held, not sustainable.
An interim bond can be asked for only after an order in terms of section 112, Cr. P. C. has been made in writing and the person concerned is made aware of it.
Unless a person against whom the proceeding is drawn up is before the Court an inquiry cannot be said to have commenced. The words "pending completion of the inquiry" can only mean that the inquiry has to commence before an interim bond can be asked for under subsection (3) of section 117, Cr. P. C.
Abdul Rashid v. Mukhtar Khan and others 17 D L R 38 ref.
M. A. Rouf with Kazi Siddiqur Rahman for the Party opposing Reference.
Nemo for the support of the Reference.
This reference must be accepted. By one and the same order, the learned Sessions fudge points out, the learned Magistrate directed a proceeding to be drawn up under section 107, Cr. P. C. and required member of the second party to execute an interim bond, as envisaged in section 117(3), Cr. P. C. The learned Sessions Judge is of the view that an interim bond can be asked for only after an order in terms of section 112, Cr. P. C. has been made in writing and the person concerned is made aware of it. In this connection he has referred to a decision of this Court Abdul Rashid v. Mukhtar Khan and others (17 D L R 38). 'This view finds support also from the opening words of sub section (3) of section 117 which says pending the completion of the inquiry under subsection (1) . . . . . "Again, subsection (1) of section 117 provides that the Magistrate shall proceed to inquire into the truth of the information when the proceeding is read over to the person present in Court or when any persons appears or is brought before a Magistrate . . . .". Unless a person against whom the proceeding is drawn up is before the Court an inquiry cannot be said to have commenced. The words "Pending com pletion of the inquiry" can only mean that the inquiry has to commence before an interim bond can be asked for under sub section (3) of section 117, Cr. P. C. I agree, therefore, with the carried Sessions Judge that the order directing the members of the second party to execute an interim bond is not sustainable.
2. The Reference is accepted. The portion of the impugned order of the learned Magistrate dated 8‑11‑67, directing the second party to execute an interim bond is hereby set aside.
3. Let the records be sent down as soon as practicable, so that the learned Magistrate can now proceed further in the matter according to law.
Reference accepted.
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