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Judgment
Wallace, J.—The order of the lower court directing that petitioner should, in default of giving security, suffer simple imprisonment for one
year, cannot be upheld on two grounds : (1) Section 123 contemplates that the accused shall be separately brought up for sentence if security is
not furnished, that the Court should in its judgment fix a date for the furnishing of security, without any order for alternative imprisonment, and then
if, by that date, accused has not furnished the security, he is to appear and receive sentence u/s 123; (2) it was wrong to fix a period of one year,
since accused is entitled to be released from custody the moment he furnishes the security; the sentence ought to run ""for one year or until such
date within that year as the required security be furnished."" As security appears to have been furnished in this case, no further action is called for. I
do not, as at present advised, subscribe to the contention that a summary Court has no power to award, u/s 123, more than 3 months''
imprisonment.