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High Court Appeal

Bail pending appeal

Where an appeal by a convicted person is pending before the court, the court may by reasons to be recorded by it in writing, suspend the sentence passed against the convict and if the convict is in confinement grant him bail.

Where a person is convicted by the High Court, the High Court can grant him bail if the person satisfies the court that he intends to present an appeal the bail can be granted in two circumstances.

  • Firstly, where the offence of which the person has been convicted is bailable and the person is on bail.
  • Secondly, where the person being on bail, is sentenced to imprisonment for a term not exceeding three years. The bail in such cases is granted for period, which will provide sufficient time to the convicted person to file appeal and obtain bail from the appellate court.
  • If the appellant is finally sentenced to imprisonment, the time during which he was released on bail as aforesaid is excluded in computing the term of his sentence. If an appeal is filed against acquittal by the state or the complainant, the High Court may issue a warrant for getting the accused arrested ad it may either grant him bail or may imprison him.

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