32/-2
CAP. 227]
Magistrates.
[s. 99 cont.] of such offender, and the magistrate may, on conviction of the offender, order the forfeiture of all such goods, utensils, vessels and other paraphernalia in addition to or in substitution for any other fine or punishment which he may by law impose
[96
Provisions relating to bail.
Bail.
100. (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.
24 of 1949, s. 37.
Rules.
Forms 78, 79.
9 of 1950, Schedule.
(2) Subject to the provisions of subsection (1) where a person is charged with an indictable offence 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) 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 of police to admit the accused to bail, taking his recognizance and that of his surety or sureties, if any, conditioned for the appearance of the accused at the time and place of hearing and that he will then surrender and take his trial and will not depart the court without leave.
(4) In every case where a person charged with any bailable indictable offence is committed to prison to take his trial for the same before the court, it shall be lawful, at any time afterwards and before the first day of the criminal session at which he is to be tried or before the day to which such session is adjourned, for the magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing magistrate is of opinion that
284
32/-2
CAP. 227]
Magistrates.
[s. 99 cont.] of such offender, and the magistrate may, on conviction of the offender, order the forfeiture of all such goods, utensils, vessels and other paraphernalia in addition to or in sub- stitution for any other fine or punishment which he may by law impose
[96
!
Provisions relating to bail.
Bail.
100. (1) No magistrate or justice of the peace shall admit any person to bail for treason or murder, nor shall 24 of 1949,8.37. Such person be admitted to bail except by order of a judge.
24 of 1949,8.37.
Rules.
Forms 78, 79.
9 of 1950, Schedule.
(2) Subject to the provisions of subsection (1) where a person is charged with an indictable offence 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) 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 of police to admit the accused to bail, taking his recognizance and that of his surety or sureties, if any, conditioned for the appearance of the accused at the time and place of hearing and that he will then sur- render and take his trial and will not depart the court without leave.
(4) In every case where a person charged with any bailable indictable offence is committed to prison to take his trial for the same before the court, it shall be lawful, at any time afterwards and before the first day of the criminal session at which he is to be tried or before the day to which such session is adjourned, for the magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner afore- said; or if the committing magistrate is of opinion that
284
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