(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may
be, that there are not reasonable grounds for believing that the accused has committed 1[a nonbailable
offence], but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending
such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a
bond without sureties for his appearance as hereinafter provided.
[(3) An officer or a Court releasing any person on bail under subsection (1) or subsection (2) shall
record in writing his or its reasons for so doing.
2
(4) If, at any time after the conclusion of the trial of a person accused of a nonbailable offence and
before Judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the
accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by
him of a bond without sureties for his appearance to hear judgment delivered.]
[(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court
may cause any person who has been released under this section to be arrested and may commit him to
custody.]
3
498. Power to direct admission to bail or reduction of bail. The amount of every bond executed
under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive
; and the High Court or 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 required by a policeofficer or Magistrate be
reduced.
[498A. No bail to be granted to a person not in custody, in court or against whom no case is
registered, etc. Nothing in section 497 or section 498 shall be deemed to require or authorise a Court to
release on bail, or to direct to be admitted to bail, any person who is not in custody or is not present in court
or against whom no case stands registered for the time being and an order for the release of a person on bail,
or a direction that a person be admitted to bail, shall be effective only in respect of the case that so stands
registered against him and is specified in the order or direction.]
4
499. Bond of accused and sureties._ (1) Before any person is released on bail or released on his own
bond, a bond for such sum of money as the policeofficer or Court, as the case may be, thinks sufficient
shall be executed by such person, and, when he is released on bail, by one or more sufficient 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 policeofficer or Court, as the case may be.
(2) If the case so require, the bond shall also bind the person released on bail to appear when called
upon at the High Court, Court of Session or other Court to answer the charge.
1 Subs. by Act 18 of 1923, s. 135 for “such offence”.
2 Subsections (3) and (4) ins. ibid.) s. 135.
3 Subs. by the Code of Criminal Procedure (Amendement) Act, 1923 (18 of 1923), s. 136, for the original subsection (3).
4 Section 498A ins. by the Code of Criminal Procdure (Amdt.) Act, 1976 (13 of 1976), s.4 (w.e.f. 1541976).
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