Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1221

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1121

the appeal, or if the accused is being detained pending the appeal, it may order the court of first instance to release or provisionally release him.

Section208.In trying a case appealed according to this Chapter—

(1)if the appellate court finds it appropriate to take additional evidence, it shall have the power to take evidence itself or order the court of first instance to take it on its behalf, and once the court of first instance has finished the taking of evidence, it shall send the file to the appellate court for further ruling;

(2)if the appellate court finds it necessary because the court of first instance failed to observe proper proceedings, it shall give a judgment ordering the court of first instance to renew the trial and the judgment or order according to the merits of the case.

Section209.The appellate court shall give a judgment without delay, and the judgment may be read at the appellate court or sent to the court of first instance to be read there.

Section210.When the appellate court finds that an appeal petition is not submitted within the limit, it shall give a judgment dismissing such appeal petition.