Section - 45 - Offences to be cognizable and non-bailable
Offences to be cognizable and non-bailable.45. (1) [Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence [under this Act] shall be released on bail or on his own bond unless-]
(i)
-
the Public Prosecutor has been given an opportunity to oppose the application for such release; and
(ii)
-
where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail :
Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm [or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees], may be released on bail, if the Special Court so directs :Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by-
CAclubindia
