Criminal Procedure and Evidence Act Zimbabwe be defeated by the release of the accused on bail before the decision on appeal, in which event the judge or magistrate may suspend his or her decision to admit the person to bail and order the continued detention of the person for a specified period or until the appeal is determined, whichever is the shorter period. [subsection substituted by section 29 of Act 2 of 2016] (4) An appeal in terms of subsection (1) by the person admitted to bail or refused admission to bail shall not suspend the decision appealed against. (5) A judge who hears an appeal in terms of this section may make such order relating to bail or any condition in connection therewith as he considers should have been made by the judge or magistrate whose decision is the subject of the appeal. (6) Subsections 117(2) to (6) shall apply, mutatis mutandis, in relation to any appeal in terms of this section. (7) Any order made by a judge in terms of subsection (5) shall be deemed to be the order made in terms of the appropriate section of this Part by the judge or magistrate whose decision was the subject of the appeal. (8) There shall be no appeal to a judge of the Supreme Court from a decision or order of a judge of the High Court in terms of paragraph (b) of subsection (2), unless the decision or order relates to the admission or refusal of admission to bail of a person charged with any offence referred to in— (a) paragraph 10 of the Third Schedule; or (b) the Ninth Schedule in respect of which the Prosecutor-General has issued a certificate referred to in subsection (3b) of section thirty-two; in which event subsections (3) to (7) shall apply to such appeal. [subsection substituted by section 6 of Act 14 of 2004] (9) This section shall apply in regard to a private prosecution as if references to the Prosecutor-General were references to the private party instituting the prosecution. [section as substituted by section 2 of Act 8 of 1997] 122. *** [section repealed by section 2 of Act 8 of 1997] 123. Power to admit to bail pending appeal or review (1) Subject to this section, a person may be admitted to bail or have his conditions of bail altered— (a) in the case of a person who has been convicted and sentenced or sentenced by the High Court and who applies for bail— (i) pending the determination by the Supreme Court of his appeal; or (ii) pending the determination of an application for leave to appeal or for an extension of time within which to apply for such leave; by a judge of the Supreme Court or the High Court; (b) in the case of a person who has been convicted and sentenced by a magistrates court and who applies for bail— (i) where the record of a case is required or permitted, in terms of section 57 or 58 of the Magistrates Court Act [Chapter 7:10], to be transmitted for review, pending the determination of the review; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 62