Eusaf Ali Ahmad Khairaj and Others vs Emperor

The petitioners were convicted by a Magistrate of Second Class powers of offences punishable under Sections 147 and 342, Indian Penal Code. On appeal to the District Magistrate, that Court upheld the convictions and further passed an order requiring the nine petitioners to execute bonds u/s 106, Criminal Procedure Code. But it has been held by this Court in Emperor v. Momin Malita [1908] 35 Cal. 434 that the Appellate Court cannot exercise the power given by Section 106(3), Criminal Procedure Code, where the conviction has not been by a Court specified in Sub-section (1). A Magistrate of Second Class powers is not included in the Courts named in Sub-section (1). We accordingly make this Rule absolute and set aside the order of the District Magistrate of Dinajpur, dated the 9th November 1922, directing the petitioners to execute bonds for keeping the peace u/s 106, Criminal Procedure Code.