(1)Subject to section 95(1), if any person accused of any non-bailable offence is arrested or detained without warrant by a police officer, or appears or is brought before a court, he may be released on bail by a police officer of or above the rank of sergeant or by the court.

(2)Subject to section 95(1), if, at any stage of an investigation, inquiry, trial or other proceeding under this Code, there are no reasonable grounds for believing that the accused has committed a non-bailable offence, the police officer or court must release him.

(3)Notwithstanding subsection (2), if there are grounds for further investigations as to whether the accused has committed some other bailable offence, then, pending the investigations, the accused must be released on bail or, at the discretion of the police officer or court, on his own personal bond.

(4)A police officer or a court releasing any person under this section must record in writing the reasons for so doing.

(5)Any court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit him to prison.