(2) The Court of Appeal, a High Court, a County Court Judge, as the case may be, shall
have in respect of the proceedings, the record of which is called for under this
section, all the powers of an appellate authority under section 256, provided that no
order shall be made under this sub-section for the revision of any finding of not guilty
or of any sentence with a view to its being increased or for the retrial or the
resumption of the trial of any person who has been acquitted unless the record of the
proceedings was called for within three months of the date of the delivery of the
judgement.
(3) The Court of Appeal the High Court, the Court of a County Judge, as the case may
be, shall have the power to confirm, annul, alter or send back for revision or
substitute any other order as it may think just and proper and for any order made in
any proceedings the record of which is called for under this section and to which the
provisions of section 256 are not applicable.
(4) When proceedings under this section are called for, the Court of Appeal, the High
Court, or the Court of a County Judge may, within three months from the date on
which it was dealt with by a lower court by confirmation or otherwise, annul any
order made and exercise all the powers provided in section 256 as if a petition of
appeal has been submitted under sections 251 or 254 of this code;
Provided that no confirmation or other order made by the court may be annulled if more
than three months have elapsed since it was made.
258.
Power of Confirming Authority to Pass Interim Order.
Whenever the record of a case comes before the Court of Appeal the High Court or the
County Judge under the provisions of this Chapter, the Court of Appeal, the High Court
or the County Court Judge, as the case may be, may by an order in writing order that a
person in confinement be released on bail or on his own bond pending any further
proceedings or order or that an acquitted person be re-arrested.
259.
Sentence to Take Effect Pending Appeal or Confirmation.
A sentence other than of death shall take effect notwithstanding an appeal or a
submission for confirmation provided that.
(i) where a warrant has been issued under section 267 no sale shall take place until the
sentence has been confirmed or the appeal decided, and
(ii)
where an order for release under section 258 has been made the time during which
the convicted person has been so released shall be excluded in computing the
period of any sentence, which he has ultimately to undergo.
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