Allahabad High Court
Zorawar vs Emperor on 26 March, 1915
Equivalent citations: 29IND. CAS.77, AIR 1915 ALLAHABAD 177(1)
JUDGMENT Tudball, J.
1. In so far as the the Magistrate's order refusing to accept the sureties is concerned, that order must be set aside. It is so obviously based upon the report of the Police, which is no evidence in the matter. In the evidence on the record there is no reason whatsoever to be discovered why the sureties should not be accepted. If any information was derived from the Police report, it was the duty of the Magistrate to have taken evidence as to what was the basis of that report and he should have come to a decision thereon himself. I, therefore, accept the reference. I set aside the order of the Magistrate and direct that the sureties offered be accepted, the necessary bond be taken and Zorawar released from prison. In regard to what the learned Sessions Judge has said in reference to alterations in the record of the case, I express no opinion, nor is it necessary for me to do so.