Section 67: To hold the accused in detention

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1) If, based on the evidence available for the time being, any person accused of the following offence appears to be guilty of the offence or there is any reasonable ground, based on such evidence, to believe that such person is guilty of the offence, the court may remand such person in detention for trial, recording the reason for such detention:

(a) Any offence punishable by the sentence of imprisonment for life,

(b) Any offence under Schedule-1 or Schedule-2 which is punishable by a sentence of imprisonment for a term exceeding three years, or

(c) An offence of attempt to, abetment of, or criminal conspiracy to, or being accomplice to, the offence set forth in clause (a) or (b).

2) Notwithstanding anything contained in sub-section (1), the court may, in any of the following circumstances, remand such accused in detention for trial as may be punishable by a sentence of imprisonment in accordance with law:

(a) If the accused pleads guilt of the charge made against him or her before the court,

(b) If the accused charged with an offence punishable by a sentence of imprisonment for a term of one year or more has no permanent abode in Nepal and there is a possibility that the accused might abscond and might not be apprehended subsequently if he or she is not remanded in detention,

(c) If the accused, being default in making appearance within the time-limit in pursuance of the warrant for arrest issued pursuant to sub section (1) of Section 58, has been arrested and produced accordingly, and fails to show any satisfactory reason for being unable to appear in the court,

(d) If the accused was convicted of an offence and sentenced to imprisonment within the period of three years immediately before this instant charge against him or her.

3) Notwithstanding anything contained in sub-section (1) or (2), the court may, in relation to an offence other than that punishable by a sentence of imprisonment for a term exceeding ten years, remand on bail/bond or guarantee any accused who is a child or infirm due to physical or mental disease or woman with pregnancy of more than seven months or the aged above seventy-five years of age.

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Section 67: To hold the accused in detention

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