Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused or convicted of a scheduled offence shall, if in custody, be released on bail or on his own bond, unless —
(a) the prosecution has been given an opportunity to oppose the application for bail, and
(b) where the prosecution opposes the application for bail, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence :
Provided that a person accused of a scheduled offence, who has been in custody for a total period of one hundred and eighty days, may be released on bail, subject to such condition as the Court may think fit to impose ;
Provided further that no such person, as is referred to in the preceding proviso, shall be so released —
(i) if he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more ; or
(ii) if he had been previously convicted on two or more occasions of a non-bailable and cognizable offence ; or
(iii) if he has committed a breach of any of the conditions of the bail subject to which he was released.
(a) the prosecution has been given an opportunity to oppose the application for bail, and
(b) where the prosecution opposes the application for bail, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence :
Provided that a person accused of a scheduled offence, who has been in custody for a total period of one hundred and eighty days, may be released on bail, subject to such condition as the Court may think fit to impose ;
Provided further that no such person, as is referred to in the preceding proviso, shall be so released —
(i) if he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more ; or
(ii) if he had been previously convicted on two or more occasions of a non-bailable and cognizable offence ; or
(iii) if he has committed a breach of any of the conditions of the bail subject to which he was released.
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