JAY SENGUPTA,J. - (1.) This is an application challenging a proceeding in NGR Case No. 723 of 2020 under Section 110 of the Code of Criminal Procedure pending before the learned Special Executive Magistrate, Bidhannagar Police Commissionerate.
(2.) A report dated 08.02.2021 filed on behalf of the State was earlier taken on record. A further report dated 10.02.2021 filed on behalf of the State is also taken on record. From the reports, it appears that the petitioner is in custody in connection with the present proceeding.
(3.) The impugned proceeding was initiated against the present petitioner on the allegation that he was a habitual offender and was an accused in as many as 11 cases. On 21.12.2020, the learned Special Executive Magistrate was, inter alia, pleased to record as follows- 'I hereby ordered under Section 111 Cr.P.C, why he should not be asked to execute a good behavior bond under Section 116 (3) Cr.P.C. for maintaining peace in the locality for a period of three years and he is also direct to appear before this Court on the next date of hearing' Learned counsel appearing on behalf of the petitioner submits as follows. First, if an order is passed under Section 111 of the Code, the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties are to be specifically mentioned in the said order. However, in the impugned order, although the term for which the bond was to remain in force was mentioned, no other details were set out. Secondly, a question of taking the petitioner is in custody would arise only if he failed to execute a bond as required. Although, enquiry in terms of Section 116 (1) of the Code had not commenced, yet the petitioner is languishing in jail purportedly in terms of Section 116(3) of the Code. Reliance is placed on a decision of this Court in case of Paresh Chandra Hati and ors. -vs- Ahitosh Panda and another reported in 1978 CRI.L.J. 1171, on the procedure that is to be followed in a proceeding under Section 116 of the Code.;