Section 137
To Remain In Imprisonment While Making Appeal
(1) Any of the
following persons shall remain in imprisonment while making
appeal:
(a) A person who is sentenced to imprisonment for
life,
(b) A person who is sentenced to imprisonment for a
term exceeding ten years,
(c) A person who, upon being convicted of any
offence under Schedule-1 or Schedule-2, is
sentenced to imprisonment for a term exceeding
three years,
(d) A person who, having been remanded in
detention for trial, is convicted of the offence and
sentenced to imprisonment,
(e) A person who is sentenced to imprisonment and
has not permanent residence in Nepal.
(2) Notwithstanding anything contained in sub-section (1),
if a person who is above seventy-five years of age or a person who is
recommended by the medical board formed by the Government of
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Nepal that he or she, owing to suffering from an incurable or highly
severe disease, cannot stay in detention or an offender who has not
been held in detention by an order of the court that he or she is not
required to be remanded in detention but is sentenced to
imprisonment for a term not exceeding ten years makes a petition,
setting out the reason, for a leave of appeal without being held in
detention, and if such reason appears to be reasonable, the appeal
hearing court may, upon taking a bail/bond or guarantee from him or
her, grant the leave of appeal.
(3) If a leave of appeal is granted pursuant to sub-section
(2), such court shall execute a memorandum of order recording the
reasons for such leave to make appeal without being held in
detention and the memorandum of order shall be included in the
case-file.
(4) Any person other than that mentioned in sub-sections
(1) and (2) may make appeal by furnishing with the court passing
judgment or the appeal hearing court a bail/bond or guarantee for the
sentence imposed on the person by that judgment.
(5) If a person who does not furnish a bail/bond or
guarantee pursuant to sub-section (4) is sentenced to imprisonment,
that person may appeal only being held in imprisonment for such
sentence.
(6) If decision cannot be made on the appeal made by a
person who is imprisoned for being unable to furnish a bail/bond or
guarantee pursuant to sub-section (2) or (4) within six months from
the date of filing of such appeal, the concerned appeal hearing court
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shall try the case by releasing that person from imprisonment after
the said period and holding him or her on recognizance.
(7) In the event of failure to make judgment within the
period referred to in sub-section (6), such court shall give
information thereof, accompanied by the reason therefor, to the court
hearing appeal.
(8) Notwithstanding anything contained elsewhere in this
Section:
(a) In the case of a person who having been held in
detention or imprisonment in the course of
proceedings of the case has already served the
sentence as commuted by the judgment, such person
shall not be required to remain in prison or furnish a
bail/bond or guarantee to make appeal,
(b) No person shall be imprisoned for a period in excess
of the sentence imposed by the judgment only by the
reason that appeal has been made.
(9) In the case of a person furnishing a bail/bond or guarantee
pursuant to Chapter -7, such bail/bond or guarantee may, to the extent
of the sufficiency of such bail/bond or guarantee, be maintained as a
bail/bond or guarantee, for the purposes of this Section.
(10) In taking a bail/bond or guarantee pursuant to this
Section, the court may, having regard to the need and propriety,
require and take the bail/bond or guarantee also for such claimed
amount of a governmental or public body as is held recoverable by
the judgment.
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(11) If the bail/bond or guarantee of any property belonging
to any person other than the appellant has been furnished, such
property shall not be maintained as a bail/bond or guarantee for the
purposes of this Section without the consent of that person.