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Report No. 78

6.8. Recommendation to amend section 395(3) and section 439(1)(b), Cr. P.C.-

There are certain sections of the Code in which it is necessary to confer expressly a power to release the person concerned on bond without surety.1 We have already recommended the necessary changes in section 436(1) and section 437(1).2 Apart from this, section 395(3) and section 439(1)(a), Cr. P.C., 1973 also should be amended so as to give such a power. Section 395(3) needs no comments. It deals with a reference made by a subordinate court to the High Court and with release on bail pending the decision of such reference. As to section 439(1)(a), it provides that the High Court or a Court of Session may direct that "any person accused of an offence and in custody be released on bail.".

We are of the cpinion that this provision should be wide enough to cover release on personal bond, having regard to the fact that this is the principal section under which release by the High Court or the Court of Session would be ordered, both in regard to cases of persons under-trial before those courts and in regard to cases of persons under-trial in courts subordinate thereto. We, therefore, recommend that in both these sections, after the word 'bail', the words 'or on bond without sureties' should be inserted.

1. See sections 56, 58, 78(2), 81, 1st and 2nd provisos, 167(2), proviso (a), J87(1), 209(b), 306(4)(b), 330(1), 437(4) and (5), 439(1)(b), 439(2), 441(2), 441(3) and 442(1). The list is illustrative only.

2. Paras. 6.3 and 6.4, supra.

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