Section 160: Release pending appeal to confirming authority or appropriate superior authority

(1) Notwithstanding the provisions of section 159 of this Act, a person sentenced to a period of detention or imprisonment by a court-martial shall have, within thirty days after being sentenced, the right to apply to the confirming authority or appropriate superior authority for a direction that he be released from custody or imprisonment until the expiration of the period that may be prescribed for appeal under this Act or if there is an appeal, until the determination of the appeal.
(2) On entertaining application for release from custody or imprisonment, the confirming authority or appropriate superior authority, as the case may be, may direct the release of the person so applying and suspension of the sentence if the person so applying establishes-
(a) that he intends to appeal;
(b) that the appeal is not frivolous but founded on sound arguable points of law;
(c) that it would cause unnecessary hardship if he were placed or retained in custody or imprisonment;
(d) that he shall surrender himself into custody when directed to do so; and
(e) that his detention under custody or imprisonment is not necessary in the interest of the public or the Armed Forces.