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 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 casefile.

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 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.

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.