# The Code of Criminal Procedure (Amendment) Act, 2005, Section 33: Amendment of section 389

- Act: The Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005)
- Source URL: https://indiacode.ecourtsindia.com/code-criminal-procedure-amendment-act-2005/section/33/

## Text

In section 389 of the principal Act, to sub-section (1), the following provisos shall be added, namely :- "Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.".

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