CAP. 75
Criminal Procedure Code
[Rev. 2012]
(2) If an appeal is made, or if a person is committed for trial, the court may order
it to be further detained for the purpose of the appeal or the trial.
(3) If no appeal is made, or if no person is committed for trial, the court shall
direct the thing to be restored to the person from whom it was taken, unless the
court sees fit or is authorized or required by law to dispose of it otherwise.
122. Provisions applicable to search warrants
The provisions of subsections (1) and (3) of section 102, and sections 104, 106,
109, 110 and 111, shall, so far as may be, apply to search warrants issued under
section 118.
PROVISIONS AS TO BAIL
123. Bail in certain cases
(1) When a person, other than a person accused of murder, treason, robbery
with violence, attempted robbery with violence and any drug related offence is
arrested or detained without warrant by an officer in charge of a police station,
or appears or is brought before a court, and is prepared at any time while in the
custody of that officer or at any stage of the proceedings before that court to give
bail, that person may be admitted to bail:
Provided that the officer or court may, instead of taking bail from the person,
release him on his executing a bond without sureties for his appearance as
provided hereafter in this Part.
(2) The amount of bail shall be fixed with due regard to the circumstances of
the case, and shall not be excessive.
(3) The High Court may in any case direct that an accused person be admitted
to bail or that bail required by a subordinate court or police officer be reduced.
[Act No. 22 of 1959, s. 13, Act No. 6 of 1976, Sch., Act No. 13 of 1978, Sch., Act No. 19
of 1984, Sch., Act No. 19 of 1985, Sch., Act No. 7 of 1990, Sch., Act No. 14 of 1991, Sch.,
Act No. 5 of 2003, s. 71.]
124. Bail bond
Before a person is released on bail or on his own recognizance, a bond for such
sum as the court or police officer thinks sufficient shall be executed by that person,
and, when he is released on bail, by one or more sufficient sureties, conditioned
that the person shall attend at the time and place mentioned in the bond and shall
continue so to attend until otherwise directed by the court or police officer.
[L.N. 142/1963.]
125. Discharge from custody
(1) As soon as the bond has been executed, the person for whose appearance
it has been executed shall be released, and when he is in prison the court admitting
him to bail shall issue an order of release to the officer in charge of the prison and
the officer on receipt of the order shall release him.
[Issue 1]
C44 - 46
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