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State of Jammu-Kashmir - Section

Section 496 in The Code of Criminal Procedure, 1989 (1933 A. D.)

496. In what cases bail to be taken.

- [(1)] [Section 496 numbered as sub-section (1) and sub-section (2) added by Act XXXVII of 1978, Section 67.] When any person other than a person accused of a non-bailable 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 such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail :Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as. hereinafter provided ;Provided, further, that nothing in this section shall be deemed to affect the provisions of section 107 sub-section (4), or section 117, sub-section (3).
(2)[ Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail bond as, regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 514] [Section 496 numbered as sub-section (1) and sub-section (2) added by Act XXXVII of 1978, Section 67.].