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Chapter XI

199. Release of offender on probation

(1)

When any person not being an offender under section 198 has been convicted of any offence punishable with whipping, imprisonment or fine before any Syariah Court, if it appears to such Syariah Court that, having regard to the character, antecedents, age, health or mental condition of the offender, or to the trivial nature of the offence or to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the Syariah Court may, instead of sentencing him immediately to any punishment, direct that he be released upon his entering into a bond with sureties and during such period as the Syariah Court may direct, to appear and receive judgment if and when called upon and in the meantime to be of good behaviour.

(2)

If a Syariah Court having power to deal with the offender in respect of his original offence is satisfied that the offender has failed to observe any of the conditions of his bond, the Syariah Court may issue a warrant for his arrest.

(3)

Any offender when arrested on any such warrant shall. if not forthwith brought before the Syariah Court having power to sentence him, be brought before a Syar'ie Judge and such Syar'ie Judge may either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Syariah Court having power to deal with his original offence, or may admit him to bail with a sufficient surety conditioned on his appearing for judgment.

(4)

The offender, when so remanded, may be committed to prison and the warrant of remand shall order that he be brought before the Syariah

Court before which he was bound to appear for judgment or to answer as to his conduct since his release.

(5)

This section applies to all offences, whether or not a minimum sentence has been prescribed for any offence, other than offences liable to hadd or qisas.

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