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Report No. 175

7-R. Special Provisions regarding Bail

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person who is accused of having committed an offence under this Act, and arrested by the police, shall be released on bail or on his own bond, unless-

(a) the public prosecutor is given an opportunity to oppose the application for such release, and

(b) where the public prosecutor opposes the application, the Immigration Court is satisfied that there are reasonable grounds for believing that he is not likely to abscond while on bail.

(2) The provisions of sub-section (1) shall not apply to a foreigner who has stayed in India beyond the period permitted in the visa or other travel document or permit under which he has entered India.

(3) The limitations on granting of bail specified in this section shall be in addition to the limitations under the Code of Criminal Procedure 1973 or any other law for the time being in force on granting of bail.

The Foreigners (Amendment) Bill, 2000 Back

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