Report No. 177

11. Amendment of section 43.-

In section 437 of the principal Act,-

(a) in sub-section (1),-

(i) in clause (ii), for the words "a non-bailable and cognizable offence", the words "a cognizable offence punishable with imprisonment for three years or more but not less than seven years" shall be substituted;

(ii) after the third proviso, the following proviso shall be inserted, namely:

"Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death or imprisonment for a term which may extend upto seven years or more, be released on bail by the court under this sub-section without giving an opportunity of hearing to the Public Prosecutor."

(b) after sub-section (1), the following subsection shall be inserted, namely:-

"(1A) Notwithstanding any thing contained in sub-section (1), a person accused of a non-cognizable offence punishable with imprisonment which may extend up to seven years (whether with or without fine) shall be released on bail unless there are reasons to believe, which shall be recorded in writing ,that release of such person on bail is not in the public interest."

(c) in sub-section (3), for the portion beginning with the words "the Court may impose", and ending with the words "the interests of justice", the following shall be substituted, namely:

"the Court shall impose the conditions,-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidencenand may also impose, in the interests of justice, such other conditions as it considers necessary."