ENACTMENT NO. 10 OF 1993 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993
PART IV - PROCEEDINGS IN PROSECUTIONS CHAPTER X - TRIALS
Section 95. Power to discharge conditionally or unconditionally.
(1) Notwithstanding anything contained in section 94, the Court shall have the powers contained in this section.
(2) If any person is charged before the Court with an offence punishable by such Court, and the Court finds that the charge is proved, but is of the opinion that having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial narture of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment other than a nominal punishment, or that it is expedient to release the offender on probation, the Court may, without proceeding to record a conviction, make an order either:-
(a) dismissing the charge or complaint after such admonition or caution to the offenders as to the Court seems fit;
(b) that the offender to be detained in a welfare home approved by the Majlis for a period the Court considers fit not exceeding one year; or
(c) discharging the offender conditionally on his entering into a bond, with or without sureties, to be of good behaviour for such period, not exceeding three years, as may be specified in the order, and to appear for the conviction to be recorded and for sentence when called upon at any time during such period.
(3) The Court may, in addition to any such order, order the ofender to pay such compensation for injury or for loss or to pay such costs of the proceedings as the Court thinks reasonable or to pay both compensation and costs.
(4) If the Court is satisfied upon information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his arrest.
(5) Any offender when arrested on any such warrant shall, if not forthwith brought before the Court having the power to sentence him, be brought before a Judge who may either -
(a) remand him by warrant; or
(b) admit him to bail with a sufficient surety conditioned on his appearing before the Court before which he is bound to appear for sentence or to answer as to his conduct since his release.
(6) The offender, if so remanded, may be committed to prisonh and the warrant of remand shall order that he shall be brought before the Court which he is bound to appear for sentence or to answer to his conduct since his release.
(7) This section does not apply to cases which involve the punishment of Hudud Syarie or qisas.