Sri Lanka Consolidated Acts

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Bail Act (No. 30 of 1997) - Sect 19

Appellant to be released on giving security

19.
(1) Where an appeal against an acquittal by a Magistrate's Court is preferred, the court may issue a warrant directing that the accused be arrested and brought before it and may commit him to prison pending the determination of the appeal or release him on bail.
(2) When an appeal has been preferred from a conviction by a Magistrate's Court the court from which the appeal is preferred may having taken into consideration the gravity of the offence and the antecedents of the accused, refuse to release the appellant on bail.
(3) Where on an appeal preferred from a conviction by a Magistrate's Court, an appellant is ordered to be released on bail upon entering into a recognisance in such sum and with or without surety or sureties, the appellant may if the court from which the appeal is preferred thinks fit, instead of entering into a recognisance give such other security by deposit of money with such court or otherwise as that court may deem sufficient.
(4) Upon the appellant's entering into such recognisance or giving such other security as aforesaid he shall be released from custody.
(5) Such recognisance may if the appellant is in prison be entered into before the superintendent or jailer of the prison and if so entered into shall be as valid in all respects as if it had been entered into before the court from which the appeal is preferred; and for this purpose the court shall endorse on the warrant of committal the amount and nature of the security which is to be given in case an appeal is preferred.
(6) When a person sentenced to a term of rigorous imprisonment has preferred an appeal, but is unable to give the required recognizance or other security, he shall be detained in custody without hard Labour until the judgment of the court to which the appeal has been preferred is made known to the superintendent of the prison.


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