Sankaranarayanan refers to a judgment.
Sankaranarayanan: Once enquiry is completed, then there is 136.
Court: At each stage, the scope of satisfaction becomes more justiciable in a 226 proceedings.
Sankaranarayanan: If that satisfaction is required and mandated under 130, it is not made out in first two paragraphs.
Sankaranarayanan: Stage 1 is substance, stage 2 is enquiry.
Court: In first instance, magistrate may decide that i am starting inquiry or between the time inquiry is done, magistrate can take decision i now want you to give bond because i have apprehension.
Sankaranarayanan: There are several judgments which talk about what this is supposed to be. This requires substance to be set out. No substance set out here.
Sankaranarayanan says there is no iota of satisfaction done by magistrate on material before him.
There is no opinion at all, he says.
Sankaranarayanan: This bond is for maintaining good behaviour.
Court: In a 135 proceeding when magistrate pass an order directing you to furnish bond pending enquiry, then the material before you to challenge the order becomes far more than the material with you….
The notice is ex facie bad: Sankaranarayanan
Court: Is it not more prudent for you to wait till this is over and then hit this court on a Saturday to trouble me on a Sunday.
Court: How do you read this proviso along with what is being transpired now and is it not better for you for 135 enquiry to first be over?
Sankaranarayanan: These four sections are important. If a notice is issued under section 128, is it enough….
Court: When you read 135 and you read first proviso, what is your input on the proviso after 135(3)?
Sankaranarayanan: Nature of what is apprehended is mentioned.
Order to be made has to be on some parameters. Sec 127 is points that go directly to things which are defamatory, incitement etc.