Criminal Manual 198 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(1) The Magistrates should bear in mind the provisions of sections 119 and 122, Code of Criminal Procedure, 1973, and direct that a person ordered to furnish security or to undergo imprisonment in default of furnishing security is undergoing a sentence of imprisonment passed by any Court, the period for which security is required and the period of imprisonment in default of security shall commence after the expiry of the sentence which the person is undergoing.

(2) Before the expiry of his sentence a prisoner may offer security, which the Magistrate may reject or accept. If the security has not been offered or has been rejected, the Magistrate should fix a date immediately after the expiry of the sentence, for furnishing security and for determining in cases under section 109 or 110 [vide section 122 (7) and (8)] whether imprisonment in default should be simple or rigorous. All proper facilities for furnishing security should be given to the prisoner, but he need not be brought before the Magistrate if he intimates that security will not be offered.

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