IN RE : BASKARAN Vs. STATE
HIGH COURT OF MADRAS
In Re : Baskaran
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Somasundaram, J. -
(1.) 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 under Section 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 under Section 4(1) for a period of six months is set aside. The Petitioner is admonished under Section 3 of the Act.;
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