Section 94: Execution of judgments pending appeal

94. Execution of judgments pending appeal (1) (a) Subject to paragraph (b) and to subsection (3), execution of the judgment shall be stayed where the party appealing enters into a recognisance with one or more sureties to the satisfaction of a Magistrate in such sum as he may determine, conditioned to— (i) prosecute the appeal before the Supreme Court within 15 days; (ii) serve notice of appeal on the respondent and any other party to the appeal; (iii) pay any costs which may be ordered to be paid by the Supreme Court; and (iv) in the case of a recognisance entered into by a convicted person, comply with the decision of the Supreme Court, or of the Magistrate as the case may be, to pay any fine or surrender to prison. (b) Where the party appealing is the Director of Public Prosecutions, execution shall be stayed without the need for any recognisance. (2) The Magistrate may add any other conditions to the recognisance to prevent the appellant from leaving Mauritius. (3) Where any person who has been convicted and sentenced to a term of imprisonment or penal servitude, gives notice of appeal against his conviction or sentence, the Court before which he has been convicted may order that he shall, pending the determination of his appeal, be remanded in custody. (4) An appellant who is not admitted to bail shall, pending the determination of his appeal, be treated as a prisoner awaiting trial. (5) The Supreme Court may, if it thinks fit, on the application of an appellant, admit him to bail pending the determination of his appeal. [S. 94 amended by Act 29 of 1990; Act 29 of 1992.]