section 71A
Certain offences to be non-bailable
The Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988Environmental198892 sections10 chapters
Chapter IX PENALTIES AND PROCEDURE
Statutory text
71 A. Certain offences to be non-bailable.- Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973,-
- (a) The offences under sections or clauses of sections mentioned in clause (b) shall be non-bailable.
- (b) The sections and clauses of sections of this Act referred to in clause (a) are the following, namely:-
- (i) section 20 clauses (a), (b), (c), (d), (e) and (k);
- (ii) section 24 clause (a), (b), and (h) of sub-section (1);
- (iii) section 42, sub-section (3) and
- (iv) section 69.
- (c) No person accused of any offence referred to in clause (b), shall if in custody, be released on bail or on his own bond unless-
- (i) the prosecution has been given an opportunity to oppose the application for such release, and,
- (ii) where the prosecution opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.
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