Appeal not to operate as stay of execution or enforcement
156.—(1) Except in the cases mentioned in subsection (4), no appeal operates as a stay of execution or enforcement.
[Act 25 of 2021 wef 01/04/2022]
(2) The trial court may stay execution or enforcement on any judgment, order, conviction or sentence pending appeal on 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 such judgment, order, conviction or sentence as to the Military Court of Appeal may seem reasonable.
[Act 25 of 2021 wef 01/04/2022]
(3) If the appellant is ultimately sentenced to imprisonment, the time during which the execution of the sentence was stayed must be excluded in computing the term of the sentence unless the Military Court of Appeal otherwise orders.
(4) In the case of a conviction involving sentence of death —
(a)
the sentence must not in any case be executed until after the end of the time within which notice of appeal may be given, or any extension of time which may be permitted, under section 129; and
(b)
if notice is so given the sentence must not be executed until after the determination of the appeal.