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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXXI

OF APPEALS

Suspension of sentence pending appeal Release of appellant on bail
426.(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.
 
 
 
 
(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court Division in the case of any appeal by a convicted person to a Court subordinate thereto.
 
 
 
 
(2A) When any person 1[is sentenced to imprisonment for a term not exceeding one year] by a Court, and an appeal lies from that sentence, the Court may, if the convicted person satisfies the Court that he intends to present an appeal, order that he be released on bail for a period sufficient in the opinion of the Court to enable him to present the appeal and obtain the orders of the Appellate Court under sub-section (1) and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
 
 
 
 
(2B) Where High Court Division is satisfied that a convicted person has been granted special leave to appeal to the 2[Appellate Division of the Supreme Court] against any sentence which it has imposed or maintained, it may if it so thinks fit order that pending the appeal the sentence or order appealed against be suspended, and also, if the said person is in confinement, that he be released on bail.
 
 
 
 
(3) When the appellant is ultimately sentenced to imprisonment, or transportation, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

  • 1
    The words "is sentenced to imprisonment for a term not exceeding one year" were substituted for the words "other than a person accused of a non-bailable offence is sentenced to imprisonment" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 2
    The words "Appellate Division of the Supreme Court" were substituted for the words "Supreme Court" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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