Section 426 in The Code of Criminal Procedure, 1989 (1933 A. D.)
426. Suspension of sentence pending appeal, release of appellant on bail.
(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.[(1-a) The Appellate Court may cause any person who has been released on bail under sub-section (1) to be arrested and may commit him to custody] [Sub-section (1-a) inserted by Act XXVI of 1968.].(2)The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of any appeal by a convicted person to a Court subordinate thereto.[(2-a) When any person other than a person [convicted of a non-bailable offence] [Sub-section (2-a) of section 426 inserted by Act VIII of 2003.] is sentenced to imprisonment 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.][(2-b) Where the High Court is satisfied that a convicted person has been granted special leave to appeal to the Supreme Court against any sentence which the High Court has imposed or maintained, the High Court , may, if it so thinks fit, order that pending the appeal, the sentence or order appealed against be suspended, and also, if such person is in confinement, that he be released on bail] [Sub-section (2-b) inserted by Act XXVI of 1968.].(3)When the appellant is ultimately sentenced to imprisonment, or life imprisonment, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
