323.
| (1) When an appeal has been preferred the court from which the appeal is preferred shall order the appellant if in custody to be released on his entering into a recognizance in such sum and with or without a surety or sureties as such court may direct conditioned to abide the judgment of the Court of Appeal and to pay such costs as may be awarded : |
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| (2) Upon the appellant's entering into such recognizance or giving such other security as aforesaid he shall be released from custody. |
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| (3) Such recognizance 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. |
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| (4) 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 of Appeal is made known to the superintendent of the prison. |
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| (5) The Court of Appeal may order that the time so spent by such appellant in custody or any part thereof shall be reckoned as part of the term of his sentence. |
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(6) On a petition of appeal being lodged the Magistrate shall transmit the record of the case to the Court of Appeal together with the petition of appeal and shall forthwith issue notice thereof to the party, whether complainant or accused, in whose favour the judgment or order appealed against was pronounced or made or adversely to whom the appeal is preferred. |
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Sri Lanka Consolidated Acts