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Judgment
1 paragraphs · 77 wordsTottenham and Agnew, JJ.—We think that the Sessions Judge is light in considering the conviction to be illegal. Section 223 of the Penal Code applies only to cases where the person, who is allowed to escape, is in custody for an offence, or has been committed to custody, and not to cases where such person has simply been arrested under civil process. We, therefore, set aside the conviction and order the fine, if paid, to be refunded.