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Judgment
5 paragraphs · 103 wordsWe are of opinion that when a person is committed to prison u/s 123, Code of Criminal Procedure, for failure to give security to be of good
behavior, he is not under going a ""sentence of imprisonment"" within the meaning of Section 397, Criminal Procedure Code. When a person has
been convicted of an offence, the code directs that ""sentence"" shall be passed upon him. The word ""sentence"" does not occur in Section 123,
Criminal Procedure Code. The language there is that he shall be ""committed"" to prison. We direct that the sentence of the Sub-Magistrate shall
take effect from this date.