vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1304 OF 2008 CRIMINAL APPLICATION NO.1304 OF 2008 CRIMINAL APPLICATION NO.1304 OF 2008 Shri Prasad bajrang Borade ... Applicant V/s. The State of Maharashtra & Anr. ... Respondents Mr.Prakash Naik for Applicant Mr.D.P. Adsule, APP, for State a/w CRIMINAL APPLICATION NO.1305 OF 2008 CRIMINAL APPLICATION NO.1305 OF 2008 CRIMINAL APPLICATION NO.1305 OF 2008 Smt.Ranjana Bajrang Borade ... Applicant V/s. The State of Maharashtra & Anr. ... Respondents Mr.Prakash Naik for Applicant Mr.P.A. Pol, APP, for State and CRIMINAL APPLICATION NO.1306 OF 2008 CRIMINAL APPLICATION NO.1306 OF 2008 CRIMINAL APPLICATION NO.1306 OF 2008 Smt.Arti Deepak Padalkar ... Applicant V/s. The State of Maharashtra & Anr. ... Respondents Mr.Prakash Naik for Applicant Mrs.A.A. Mane, APP, for State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JUNE 17, 2008 JUNE 17, 2008 JUNE 17, 2008 P.C.: P.C.: P.C.: . The main grievance of the applicants in all these applications is that they have been directed to : 2 : furnish personal bonds of good behaviour by order dated 25.3.2008 during pendency of an enquiry under section 107 of the Code of Criminal Procedure. It is submitted that there is no provision of law whereby the Executive Magistrate can direct the applicants to furnish an interim bond while an enquiry under section 107 of the Code is pending. 2. Reliance is placed by the learned advocate for the applicants on the judgment of a learned Single Judge of this Court (D.G. Deshpande, J.) in the case of Rajshekhar C. Hatture & Ors. v/s. Special Executive Magistrate, Solapur & anr., 1999(1) Mh.L.J. 720 1999(1) Mh.L.J. 720 1999(1) Mh.L.J. 720 wherein it has been held that a bond for maintaining good behaviour cannot be obtained from a person against whom proceedings are initiated under section 107 of the Cr.P.C. during the pendency of those proceedings. The learned Counsel submitted that a bond for good behaviour could be obtained only under section 116 of the Cr.P.C. which stipulates that such a bond could be directed to be executed only when proceedings under sections 108, 109 and 110 of the Cr.P.C. are initiated. The learned Counsel also relied on the judgment of the Division Bench in Criminal Writ Petition No.1708 of 2004 and Anr. Criminal Writ Petition No.1708 of 2004 and Anr. Criminal Writ Petition No.1708 of 2004 and Anr. The Division Bench has reiterated the view taken by the learned Single Judge. : 3 : 3. The order which is impugned in this petition is passed u/s 116(3) of the Cr.P.C. directing the petitioners to furnish a bond for good behaviour. The proviso to section 116(3) indicates that such a bond can be taken from a person against whom proceedings are initiated under sections 108, 109 and 110 and not in any other case. 4. Therefore, in my opinion, the impugned order dated 25.3.2008 at exhibit C to the petition must be set aside and is hereby set aside. The applicants will reply to the show-cause notice issued on 30.1.2008 and the inquiry under section 107 shall proceed in accordance with law. 4. Applications are allowed, partly and disposed of accordingly.