The research was influenced by the way the right to liberty guaranteed under Article 23 has been handled by the courts after the person has been convicted but opts to appeal after being dissatisfied with his or her conviction, there has been diverging views where different benches of the appellate courts in holding the legality hence creating a break in the jurisprudence of the right to liberty of an appellant. Using the doctrinal method of research to evaluate and the recent judgments of the courts of record on the aspect of bail pending appeal, the research has found that there is inconsistence and divergent view of the concept of bail pending appeal among justices of the appellant court and no agreement on the Supreme court bench hence a break in the jurisprudence and broken precedence, the research recommended that since there are divergent views of the concept by single judge benches of the supreme court, the concept will be concretized and deemed settled if we get a three justices bench considering the matter to give a settle principle to guide the lower courts on the aspect.

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