Aikman, J.:— This is an application for the revision of an order of the learned Sessions Judge of Aligarh, directing the applicant to furnish security for his good behaviour for a term of three years or in default to undergo rigorous imprisonment. The applicant had been under a bond for his good behaviour for a term of three years, which term expired on the 13th of June, 1905. On the 20th of June, 1905, the present proceedings were instituted at the instance of a Sub-Inspector of Police. The evidence does not show that anything had occurred in the week that had elapsed between the expiry of the term of the previous bond and the institution of these proceedings. This being so, I do not think the order of the Court below can be allowed to stand.
2. As was said in the case, Emperor v. Husain Ahmad Khan (1), “It is not fair to run a man in as a badmash before he has had an opportunity of showing that he is willing to adopt an honest livelihood.” In my opinion the evidence relating to the period prior to the 13th of June, 1905, was inadmissible. For the above reasons I quash the order of the Court, below, passed under sub-section (3), section 123 of the Code of Criminal Procedure. If a bond or sureties have been furnished, the bond and the sureties are discharged. If the applicant is in jail under the Sessions Judge's order, he must be forth with released.
3. Application allowed.