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Report No. 36

2. Existing provisions (sections 496 to 500).-

A brief resume of the provisions of the Code1 on the subject may be useful, before the amendment suggested2 is considered in detail.

As regards bailable offences, under section 496 (so far as is relevant), if a person other than a person accused of a non-bailable offence is prepared at any stage of the proceedings before the Court to give bail, "such person shall be released on bail". There is, thus, an absolute right to bail.3

1. Sections 496-500 of the Code.

2. Paras. 6 and 19, infra

3. See also para. 15, infra.

3. So far as non-bailable offences are concerned, under section 497(1), a person accused or suspected of the commission of such offence "may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life". (There is a proviso regarding persons under the age of sixteen years, and women, etc., but it is not important for the present purpose. Nor is it necessary to refer to the other sub-sections of section 497).

Thus, the Court has a limited discretion. But the section itself is silent about the imposition of conditions.

4. Under section 498(1) (so far as is relevant), 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 or that the.bail be required by a police officer or Magistrate be reduced.

Thus, there is a very wide discretion.1 But there is no mention of conditions.

1. Cf. Mahmood Muzaffar, AIR 1963 All 127.

5. Under section 499(1), before any person is released on bail, a bond shall be executed by such person and his sureties, "conditioned that such person shall attend at the time and place mentioned in the bond and shall continue so to attend until otherwise directed by the police-officer or Court, as the case may be".

Under section 500(1), as soon as the bond is executed, "the person for whose appearance it has been executed shall be released".



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




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