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Report No. 78

II. Present Position

2.5. Present position.-

We do not propose to quote the text of the various sections of the present Code of Criminal Procedure, because the manner in which the arrangement of matter appears in the Code, may not give a clear picture of the basic dichotomy between bailable and non-bailable offences and salient features of the law applicable to offences in each category. For this reason, we prefer to analyse the contents of the relevant sections-an analysis which involves a certain re-arrangement of the matter.

The present position under the Code of Criminal Procedure, 1973, as to the grant of bail, may be thus stated, first generally, and secondly specially with reference to the High Court and Courts of Session. This dichotomy in treatment becomes necessary in view of the content of the legislative provisions on the subject.1

1. Contrast section 337 with section 439, Cr. P.C., 1973.

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