16 December 2020
Section 107 CrPC provides "When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit."
Suppose, the surety is to be taken for 8 months by the Court, the period of such 8 months will start from which date:
a) the date on which the accused is summoned to appear before the Court through Notice under Section 111 of CrPC b) the date on which the accused first time appears in the Court c) the date on which surety is accepted by the court d) the date on which order is passed by the Court in this regard e) any other such date as decided by the Court
May also provide the case law on the issue, in case there is any.
18 December 2020
I concur and appreciate opinion and advise of expert Sh. Bhartesh Goyal. It would be on the date of appearance of accused before Executive Magistrate (with or without submission of surety) What is your concern /locus standi / problem, be specific ?
20 December 2020
In the instant case, the magistrate required 4 persons to execute a bond of Rs. 35000/- each , with one surety of same amount for keeping the peace for 8 months.
This is common case against four persons and out of which two only appeared in the court on the date of hearing and their attendance was marked by the court official, However, magistrate did not come and those two were given next date. Now in this case, from which date the period of 8 months will start when magistrate did not come and attendance was marked by only two persons out of four persons.