It was clear from the frame work of the aforesaid subsection that an order
under this subsection calling upon a person to furnish Interim bond can be
passed only during enquiry i.e after the commencement and before the completion
of such Enquiry.
Under subsection (1) of section 126 of the Code which contemplates that after
complying with the requirements of section 111,112 and 113 of the code,as the
case may be " the Magistrate shall proceed to enquire in to the truth of the
information upon which action has been taken and to take such further evidence
as may appear necessary.
It follows that unless the enquiry, as contemplated under subsection (1) of
Section 116 of the Code has commenced, the order calling upon a person to
furnish Interim bail bond can not be passed. It was evidently so because the
interim bond can be called upon only on the Magistrate being satisfied that
immediate step to achieve any if the aforesaid purpose are required and to
arrive at such satisfaction there must be material before the Magistrate under
sub section (3) of Section 116 of the Code.
In the case at hand ,the Additional District Magistrate on appearance of the
petitioners before him on 9.7.2001 allowed them five days to file replies to the
showcause notice under Section 111 of the Code were issued. A perusal of the
record , reveal s that whatever information was available with the Additional
District Magistrate was not supported by any statement on the witnesses or
Since no enquiry was held by the Magistrate before passing the impugned
judgement or order, therefore,he has acted contrary to the provision s of
subsection (3) of the Section 116 of the Code.