[Rev. 2012]
Criminal Procedure Code
CAP. 75
355. Order of the High Court to be certified to lower court
(1) When a case is decided on appeal by the High Court, it shall certify its
judgment or order to the court by which the conviction, sentence or order appealed
against was recorded or passed.
(2) The court to which the High Court certifies its judgment or order shall
thereupon make such orders as are conformable to the judgment or order of
the High Court, and, if necessary, the records shall be amended in accordance
therewith.
356. Bail and stay of execution pending the entering of an appeal
(1) The High Court, or the subordinate court which has convicted or sentenced
a person, may grant bail or may stay execution on a sentence or order pending the
entering of an appeal, on such terms as to security for the payment of money or
the performance or non-performance of any act or the suffering of any punishment
ordered by or in the sentence or order as may seem reasonable to the High Court
or the subordinate court.
(2) If the person in whose favour bail or a stay of execution is granted under
this section is ultimately liable to a sentence of imprisonment, the time during which
the person has been released on bail, or during which the execution was stayed,
shall be excluded in computing the term of his sentence, unless the High Court, or
failing that court the subordinate court which convicted and sentenced the person,
otherwise orders.
[Act No. 22 of 1959, s. 36.]
357. Admission to bail or suspension of sentence pending appeal
(1) After the entering of an appeal by a person entitled to appeal, the High Court,
or the subordinate court which convicted or sentenced that person, may order that
he be released on bail with or without sureties, or, if that person is not released on
bail, shall at his request order that the execution of the sentence or order appealed
against shall be suspended pending the hearing of his appeal:
Provided that, where an application for bail is made to the subordinate court and
is refused by that court, no further application for bail shall lie to the High Court,
but a person so refused bail by a subordinate court may appeal against refusal to
the High Court and, notwithstanding anything to the contrary in sections 352 and
359, the appeal shall not be summarily rejected and shall be heard, in accordance
with such procedure as may be prescribed, before one judge of the High Court
sitting in chambers.
(2) If the appeal is ultimately dismissed and the original sentence confirmed, or
some other sentence of imprisonment substituted therefor, the time during which
the appellant has been released on bail or during which the sentence has been
suspended shall be excluded in computing the term of imprisonment to which he
is finally sentenced.
(3) The Chief Justice may make rules of court to regulate the procedure in
cases under this section.
[Act No. 22 of 1959, s. 37, Act No. 27 of 1961, Sch.]
C44 - 99
[Issue 1]
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