§ 97 — Powers of General Division of High Court regarding bail

97.—(1) Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the General Division of the High Court may —(a)

release any accused before the General Division of the High Court on bail, on personal bond, or on bail and on personal bond;

(b)

vary the amount or conditions of the bail or personal bond required by a police officer or a State Court, or impose such other conditions for the bail or personal bond as the General Division of the High Court thinks fit;

(c)

where a State Court orders the release of a person on bail, on personal bond, or on bail and on personal bond, stay execution on the order pending a review of the order by the General Division of the High Court; or

(d)

direct that any person who has been released on bail, on personal bond, or on bail and on personal bond, under this Division be arrested, and commit that person to custody.[19/2018; 40/2019]

(2) Where —(a)

a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and

(b)

the prosecution applies to the General Division of the High Court to stay execution on the order pending a review of the order by the General Division of the High Court,

the General Division of the High Court must stay execution on the order pending a review of the order.

[19/2018; 40/2019]

—(1) Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the General Division of the High Court may —(a)

release any accused before the General Division of the High Court on bail, on personal bond, or on bail and on personal bond;

(b)

vary the amount or conditions of the bail or personal bond required by a police officer or a State Court, or impose such other conditions for the bail or personal bond as the General Division of the High Court thinks fit;

(c)

where a State Court orders the release of a person on bail, on personal bond, or on bail and on personal bond, stay execution on the order pending a review of the order by the General Division of the High Court; or

(d)

direct that any person who has been released on bail, on personal bond, or on bail and on personal bond, under this Division be arrested, and commit that person to custody.[19/2018; 40/2019]

(2) Where —(a)

a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and

(b)

the prosecution applies to the General Division of the High Court to stay execution on the order pending a review of the order by the General Division of the High Court,

the General Division of the High Court must stay execution on the order pending a review of the order.

[19/2018; 40/2019]