THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 445
In these cases the bond may be for a year.
Concealing must be with a view to commit an offence.
Ostensible means of subsistence.
To be penniless or out of work is not to be without ostensible means of subsistence.
53 Cal. 347 Victor vis Emp.
Section 110 deals with the following cases of habitual offenders.
(1) is by habit a robber, house-breaker, thief or forger or
(2) is by habit a receiver of stolen property knowing the same to have been stolen or
(3) habitually protects or harbours thieves or aids in the concealments or disposal of stolen property or
(4) ........
In the case of habitual offenders the bond may be for 3 years.
Section 121
The method adopted to compel such persons to keep peace or be of good behaviour is to demand from them security to keep peace or behave for a certain period.
Difference between a bond for keeping peace and bond for keeping good behaviour
A bond for keeping the peace will not be forfeited by the commission of any offence ; but only by the commission of offences likely in their consequences to cause a breach of peace.
A bond for good behaviour will be forfeited by the commission of any offence punishable with imprisonment.
Procedure on breach of bond. When a person forfeits a bond by being convicted of an offence, the amount of the forfeited bond may be recovered, but he cannot be forthwith imprisoned for the unexpired portion of the term of security. The Magistrate’s remedy is to take fresh proceedings under this chapter.
Magistrate is not justified in forfeiting a recognizance without giving the party charged with breach an opportunity to cross examine the witnesses upon whose evidence the rule to show cause has been issued.