Section 5 — Regulation of grant of bail

Notwithstanding anything contained in the Code, no person accused or convicted of a scheduled offence shall, if in a custody, be released on bail or on his bond, unless—

(a) the prosecution has been given opportunity to oppose the application for bail; and

(b) where the prosecution opposes the application for bail, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence:

Provided that a person accused of a scheduled offence, who has been in custody for a total period of one hundred and thirty days, may be released on bail subject to such conditions as the court may think fit to impose.