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Adv. Mohit Chahal (Advocate)     01 February 2022

Dear Piyush

As you will appear on date of your hearing , you may or may not be asked to furnish bail bond u/s 116 (3) Cr. P.C. Proceedings of the case may continue till 6 months period. At the final disposal , either you will be discharged or being ordered to furnish bail bond u/s 107 Cr.P.C. for preventing breach of public peace. No arrest till you make compliance of orders.


Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site

Dr J C Vashista (Advocate)     02 February 2022

Which Act is applied / referred in your query qua section 107 and / or 116 ?

P. Venu (Advocate)     02 February 2022

Please post the material facts.

Piyush Goyal   02 February 2022

Thanks chahalji

Aryan Raj   02 February 2022

In response to your query,

Section 116 (CRPC) - When a person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

Section 107(CRPC) - When an Executive Magistrate receives specific information that a person is particularly likely to commit a breach of the peace or disturb the society or public's tranquilly, or to commit any wrongful act that may, on occasion, breach the peace or disturb the society or public's tranquilly, and also believes that there is sufficient ground for proceeding, he may proceed in the manner provided, which requires success.

Both these provisions are preventive statutes to avoid any conflicts which may or may not occur as a result of the activity which the court suspects in given cases.

Regards,

Aryan Raj 

 

Piyush Goyal   02 February 2022

thanks aryanji

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