1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2180 OF 2009 Rahul Samarpalsingh Deshwal .... Petitioner. V/s The State of Maharashtra & Anr ..... Respondents. Mr. Nitin V. Pradhan i/b Ms. Shubhada Khot for the petitioner. Mrs. P.P. Bhosale, APP for the State. CORAM: V. M. KANADE, J. DATE : 17TH MARCH, 2010 P.C.:- 1. Heard the learned Counsel for the Petitioner and the learned APP for the State. 2. Petitioner is challenging the order dated 11/08/2009 which has been issued purportedly under section 107 of the Criminal Procedure Code, directing the petitioner herein to execute a bond in the sum of Rs 5000/- and to furnish one or two sureties. 3. The learned Counsel appearing on behalf of the Petitioner submitted that the said order is patently illegal since no opportunity is given to the Petitioner to show cause why the order under section 110 of the Criminal Procedure 2 Code should not be passed. 4. Perusal of the order shows that though it is a notice under section 107 of the Criminal Procedure Code, no show cause notice has been given to the petitioner herein and the petitioner has been directed by the said notice to furnish two sureties and execute a bond in the sum of Rs 5000/-. Section 107 of the Criminal Procedure Code reads as under:- “107. Security for keeping the peace in other cases.- (1) 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 [with or without sureties] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.” 3 Perusal of the said section clearly indicates that, initially, show cause notice has to be issued and only thereafter if the Magistrate is satisfied that the circumstances exist where it is necessary to obtain a bond from such delinquent then, in that case, an order has to be passed under section 110 of the Criminal Procedure Code. In the instant case. the said procedure has not been followed and, therefore, notice dated 11/08/2009 is liable to be quashed and set aside. 5. Accordingly, Petition is allowed. Proceedings initiated under section 107 of the Criminal Procedure Code are quashed and set aside. 6. Petition is disposed of. (V.M. KANADE, J.) 4