High CourtsSingle Bench

In re : Baskaran

Madras High Court · Decided on 1 July 1970 · Citation: (1970) LW(Cri) 206

HON’BLE JUDGES
Somasundaram, J
ACTS & SECTIONS REFERRED
City Police Act — Section 75
CASE NUMBER
Criminal A. No. 543 of 1970

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Judgment

7 paragraphs · 164 words

Somasundaram, J.—Section 75 of the City Police Act provides for a sentence of one month or fine not exceeding Rs. 50. The Petitioner

herein has been directed to execute a bond u/s 4(1) of the Probation of Offenders Act, to be of good behavior, for a period of six months. Failure

to execute this bond will result in his suffering imprisonment for six months. It is undesirable that when a person is charged with some petty offence

for which the maximum sentence provided is only one month, to direct him to executed a bond for six months, which would result in the event of

the non-execution of the bond in his undergoing imprisonment for a period, far in exceeds of the punishment provided for by the section under

which he stands charged. The conviction is confirmed. The order directing the execution of the bond u/s 4(1) for a period of six months is set

aside. The Petitioner is admonished u/s 3 of the Act.