(i) such individual should not be so discharged if there seems sensible reason for trusting that he has been blameworthy of an offense culpable with death or detainment forever;
(ii) such individual should not be so discharged if such offense is a cognizable offense and he has been already indicted an offense culpable with death, detainment forever or detainment for a long time or more, or he had been beforehand sentenced on at least two events of a non-bailable and cognizable offense.
Given that the Court may coordinate that a man alluded to in statement (1) of proviso (ii) be discharged on safeguard if such individual is less than sixteen years old years or is a lady or is debilitated or decrepit: Given further that the Court may likewise coordinate that a man alluded to in condition (ii) be discharged on safeguard on the off chance that it is fulfilled that it is simply and legitimate so to accomplish for some other unique reason: Given likewise that the insignificant reality that a blamed individual might be required for being recognized by observers amid examination should not be adequate ground for declining to allow safeguard in the event that he is generally qualified for be discharged on safeguard and gives an endeavor that he should consent to such bearings as might be given by the Court.
Krishna Chandra Marg, Reclamation, Bandra West, Mumbai, Maharashtra 400051
Advocate Ashok Pandey