Section 86(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)Such Magistrate or District Superintendent shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court :Provided that if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate or District Superintendent, or a direction has been endorsed under section 76 on the warrant and such person is ready and willing to give the security, required by such direction, the Magistrate or District Superintendent shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant :[Provided further that if the offence is a non-bailable one, it shall, subject to the provisions of section 497, be lawful for the Chief Judicial Magistrate or where there is no Chief Judicial Magistrate, the Additional District Magistrate or the Sessions Judge of (he District in which arrest is made on consideration of the information and the documents referred to in sub-section (3) of section 83, to release such person on bail.] [Inserted by Act XXXVII of 1978, Section 14.]
