When a District Magistrate or another Executive Magistrate who has been given special government authority in this regard learns that someone within the local limits of his jurisdiction-
(a) is a habitual thief, burglar, housebreaker, or robber; or
(b) regularly receives stolen items while being aware that it has been stolen, or
(c) routinely harbours or protects thieves, or assists in hiding or disposing of stolen items, or
(d) routinely engages in, seeks to engage in, or aids in the commission of an offence under Chapter XII of the Penal Code, or under Sections 489A, 489B, Section 489C, or Section 489D of that Code, such as kidnapping, abduction, extortion, deceit, or mischief; or
(e) routinely violates the peace, seeks to violate the peace, or aids in the commission of such offences, or
(f) poses a threat to the community by being so desperate and dangerous that he should not be left unattended,
Such a Magistrate may, in the manner set forth below, demand that the person in question give justification for why he should not be required to sign a bond with sureties for his good behaviour for the amount of time—not to exceed three years—that the Magistrate deems appropriate to fix.
Kashinath Dey @ Kashi Vs. The State of West Bengal
DATE OF ORDER:
17th May 2022
Justice Jay Sengupta
Petitioner : Mr. Sudip Ghosh Chowdhury
Respondent : State of West Bengal [Mr. Madhusudan Sur, Ld. APP and Mr. Manoranjan Mahata]
The Calcutta High Court emphasised that excessive limits may not be imposed in proceedings requiring the signature of a bond for good behaviour in a recent amendment to an order granted by the competent Magistrate in proceedings initiated under Section 110 of the CrPC.
By order dated February 16, 2022, the concerned Executive Magistrate had given the petitioner the following instructions: show cause as to why he shall not be obligated for a good behaviour bond under Section 110 of the CrPC and to also provide an amount of Rs. 1,00,000 each with "two reputed Gazetted Officers" as sureties for his good behaviour for such a period not exceeding three years.
After careful consideration of the facts and legal history of the case, the court was of the opinion that the petitioner must appear before the learned Executive Magistrate on a subsequent date to be determined by the learned Magistrate, which will be within a month of the date of communication of this order, and must provide justification for why he should not be bound by a good behaviour bond under Section 110 of the Code for an amount of Rs. 1,00,000 each with two local sureties for his good behaviour.
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