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Section 426. Suspension of sentence pending appeal. Release of appellant on bail

(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond. [1] [2] [4]

(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of any appeal by a convicted person to a Court subordinate thereto. [2]

4[(2B) Where a High Court is satisfied that a convicted person has been granted special leave to appeal to [5] against any sentence which it has imposed or maintained, [7]

(3) When the appellant is ultimately sentenced to imprisonment, 8[* *] [9] , the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

Annotations (3)
  • amendment [1] the Code of Criminal Procedure Amendement Act, 1943 (XXVI of 1943), s.5.
  • amendment [2] the Law Reforms Ordinance, 1972 (XII of 1972), s.2 and Sch. 3 Subs. ibid.
  • amendment [4] ibid. <sup>[1]</sup>
  • Permalink: http://laws.alianwaar.com/crpc/426

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