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Calcutta High Court · body

1911 DIGILAW 151 (CAL)

Bepin Behary Dey v. Emperor

1911-03-31

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JUDGMENT 1. We are of opinion that the rule must be made absolute on the first ground, namely, that the wording of sec. 35, r. P. C, indicates that the aggregate sentence of one month under each section must be taken to be a single sentence of two months. It is, therefore, not within our jurisdiction to decide the other point on which the rule was issued as must go back to the lower Appellate Court which will hear the appeal according to law and in doing so will take into consideration the second ground on which we issued this rule. 2. The meantime, the Petitioner will remain on the same bail.