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Contents

Chapter 11

265. Stay of execution pending appeal

(1)

Subject to the provisions of this Code and except in the cases mentioned in subsection (2) and section 233. no appeal shall operate as a stay of execution but the trial court or Syariah Appeal Court may stay execution on any judgment, order, conviction or sentence pending appeal, on any such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction or sentence as the Syariah Court thinks reasonable.

(2)

In the case of a conviction involving sentences of death. stoning, whipping, amputation of hand or foot or qisus in hurt -

(a)

the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal may be given under section 235. or any extension of time under section 240;

(b)

if such notice has been filed, the sentence shall not be executed until after the determination of the appeal; and

(c)

the offender shall be remanded in prison pending the determination of the appeal and the provisions in section 184(u), (b)

and (c) apply.

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