When a person can be discharged?
63. Discharge of person apprehended: No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.
119. Discharge of person informed against: If, on an inquiry under Section 117, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond the Magistrate shall make an entry on the record to that effect, and if such person is in custody, only for the purpose of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
C.—Proceedings in all cases subsequent to order to furnish security
124. Power to release persons imprisoned for failing to give security: (1) Whenever the [Sessions Judge] is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.
2) Whenever any person has been imprisoned for failing to give security under this Chapter, the [Sessions Judge] may (unless the order has been made by some Court superior to his own) make an order reducing the amount of the security or the number of sureties or the time for which security has been required.
(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions, which such person accepts:
Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.
(4) The Provincial Government may prescribe the conditions upon which a conditional discharge may be made.
(5) If any condition upon which any such person has been discharged is, in the opinion of the [Sessions Judge] by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.
(6) When a conditional order of discharge has been cancelled under sub-section (5) such person may be arrested by any police-officer without warrant, and shall thereupon be produced before the [Sessions Judge.]
Unless such person then gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), the [Sessions Judge] may remand such person to prison to undergo such unexpired portion.
A person remanded to prison under this sub-section shall, subject to the provisions of Section 122 be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.
Subs. by Ordinance, XXXVII of 2001, dt. 13-8-2001.
423. Powers of Appellate Court in disposing of appeal: (1) The Appellate Court shall
then send for the record, of the case, if, such record is not already, in Court. After
perusing such record, and hearing the appellant or his pleader, if he appears and the
Public Prosecutor, if he appears, and in case of an appeal under Section 411-A,
sub-section (2) or Section 417, the accused, if he appears, the Court may, if it considers
that there is no sufficient ground for interfering, dismiss the appeal, or may--
(a) in an appeal from an order of acquittal, reverse such order and direct that further
inquiry be made, or that the accused be tried or sent for trial to the Court of Session or
High Court as the case may be, or find him guilty and pass sentence on him according to
law;
(b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or
discharge the accused, or order him to be tried by a Court of competent jurisdiction
subordinate to such Appellate Court of i7[sent for trial, or (2) after the finding, maintaining
the sentence, or, with or without altering the finding, reduce the sentence, or (3) with or
without such reduction and with or without altering the finding after the nature of the
sentence, but subject to the provisions of Section 106, sub-section (3), not so as to
enhance the same;
(c) in an appeal from any other order, alter or reverse such order;
(d) make any amendment ;or any consequential or incidental order that may be just or
proper.
(2) [Omitted by Law Reforms Ordinance, Xll of 1972.]
494. Effect of withdrawal from prosecution : Any Public Prosecutor may, with the
consent of the Court, before the judgment is pronounced, withdraw from the prosecution
of any person either generally or in respect of any one or more of the offences for which
he is tried; and upon such withdrawal,--
(a) if it is made before a charge has been framed, the accused shall be discharged in
respect of such offence or offences;
(b) if it is made after a charge has been framed, or when under this Code no charge is
required, he shall be acquitted in respect of such offence or offences:
496. In what cases bail to be taken: When any person other than a person accused of a
non-bailable offence is arrested or detained without warrant by an officer incharge of a
police station or appear 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).
500. 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 jail, the
Court admitting him to bail shall issue an order of release to the officer incharge of the jail
and such officer on receipt of the order shall release him.
(2) Nothing in this section, Section 496 or Section 497 shall be deemed to require the
release of any person liable to be detained for some matter other than that in respect of
which the bond was executed.
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