Back to Criminal Procedure Code 2010

Section history

Section 97 — Powers of High Court regarding bail

As in force on 18 December 2018.

Timeline 5 versions
  1. 2 January 2011 Enacted
  2. 7 March 2014 Act 5 of 2014
  3. 31 October 2018 Act 19 of 2018, S 724 of 2018
  4. 18 December 2018 You are here
  5. 2 January 2021 Act 40 of 2019
  6. 17 August 2026 Latest
97.Powers of High Court regarding bail

(1)Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the High Court may —

(a)release any accused before the High Court on bail, on personal bond, or on bail and on personal bond;

(b)vary the amount or conditions of the bail or personal bond required by a police officer or a State Court, or impose such other conditions for the bail or personal bond as the High Court thinks fit;

(c)where a State Court orders the release of a person on bail, on personal bond, or on bail and on personal bond, stay execution on the order pending a review of the order by the High Court; or

(d)direct that any person who has been released on bail, on personal bond, or on bail and on personal bond, under this Division be arrested, and commit that person to custody.

(2)Where —

(a)a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non-bailable offence; and

(b)the prosecution applies to the High Court to stay execution on the order pending a review of the order by the High Court,

the High Court must stay execution on the order pending a review of the order.