Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 400

When bail may be taken in case of nonbailable offence

403.
(1) A Magistrate or a Judge of the High Court, at any stage of any inquiry or trial, as the case may be, may in his discretion release on bail any person accused of any nonbailable offence, but he shall not except with the sanction of the Attorney-General and subject to the provisions of the Criminal Procedure (Special Provisions) Law, No. 15 of 1978, for so long as that Law is in force be so released if it is alleged that he has committed or been concerned in committing or is suspected to have committed or to have been concerned in committing an offence punishable under sections 114, 191 and 296 of the Penal Code.
(2) If it appears to the court at any stage of the inquiry or trial as the case may be that there are not reasonable grounds for believing that a person accused of a nonbailable offence has committed such offence, but that there are sufficient grounds for further inquiry or trial the accused shall pending such inquiry be released on his executing a recognizance in such sum and with or without a surety or sureties as. such court may direct conditioned for his appearance as hereinafter provided.
(3) Where a Magistrate has committed any person, for trial for any nonbailable offence under any of the sections of the Penal Code referred to in subsection (1), the Magistrate shall not release such person on bail without the sanction of the Attorney-General. Where a person is committed by the Magistrate for trial for any other nonbailable offence under the Penal Code, such Magistrate may in his discretion release such person on bail.


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