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Report No. 36

29. Section 498(1)-Suggestion regarding.-

The State Government1 has suggested amendment of sub-section (1) of section 498 in the following terms:-

"498(1):-The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court or the Court of Session may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail (subject to such conditions as may appear necessary in the circumstances of the case), or that the bail required by a police-officer or magistrate be reduced.

Explanation:-In granting a conditional bail, the court may impose condition requiring the person to reside in a particular locality or to abstain from visiting a particular locality or to report daily to the police or any other specified authority."

The amendment is on the same lines as those2 proposed to section 497(1), except that there is no restriction as to the offences.

1. Law Commission's file No. F. 3(2)/55-L.C., Part IV, S. No. 238 and F. 3(2)/55-L.C., Part VI, S. No. 261.

2. See para. 6, supra.



Section 497, 498 and 499 of the Codeof Criminal Procedure, 1898 - Grant of Bail with Conditions Back




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