486
No. 3 of 1890.
Provisions relating to bail.
First Schedule. Forms Nos. 79 and 80.
MAGISTRATES,
or cattle in any public road, street, or other public place, or of being drunk when in possession of any loaded firearms, a magistrate may sentence him to a fine not exceeding twenty-five dollars, or to imprisonment for any term not exceeding two months.
[s. 93A, rep. No. 32 of 1923]]
Bail.
94.-(1) No magistrate or justice of the peace shall admit any person to bail for treason or murder, nor shall such person be admitted to bail, except by order of a judge.
(2) Where a person is charged with felony, or with assault with intent to commit a felony, or with an attempt to commit a felony, or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving stolen property or property obtained by false pretences, or with perjury, or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot or assault upon a police officer in the execution of his duty or upon any person acting in his aid, or with an assault in pursuance of a conspiracy to raise the rate of wages, a magistrate may, in his discretion, admit the accused to bail, on his procuring or producing such surety or sureties as, in the opinion of the magistrate, will be sufficient to ensure the appearance of the accused at the time and place when and where he is to be tried for such offence; and thereupon the magistrate shall take the recognizance of the accused and his surety or sureties conditioned for the appearance of the accused at the time and place of trial and that he will then surrender and take his trial and will not depart the court without leave.
(3) Where a person is charged with an indictable misdemeanor other than those mentioned in sub-section (2), he shall be entitled to be admitted to bail in the manner mentioned in the said sub-section.
(4) It shall be lawful for a magistrate, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful for an inspector or any police officer to bail the accused upon his producing such surety or sureties as the magistrate may have required.
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