Mohan Theta and Others vs Rai Chand Basui

Stanley, J.—We are of opinion that the order under sec. 522, C. Cr. P., must be set aside on the ground that that order was not made simultaneously with the order of conviction but subsequent thereto. The question as to whether an order under sec. 522 must be made simultaneously with the order of conviction, according to my recollection, came before Mr. Justice Prinsep and myself and we held that it must be so made. We are prepared to follow that ruling and it is also supported by the view taken by the Sessions Judge who made the reference in the case of Ham Chandra Boral (1). We think, therefore, that the rule granted in this case must be made absolute and the order under sec. 522, C. Cr. P., set aside.