The accused has been in custody since his arrest on 27 June 1975. He is 68 years old and now complains of ill-health as a result of his detention in custody. So he applies for bail pending the determination of this case. The trial would have started today but his counsel, who is absent on some engagement in Accra, has asked for an adjournment. The accused was unaware of the absence of his counsel, and has stated that as he is unable to conduct his defence himself he would support the application for adjournment.
The offence charged is attempted murder of his wife. In resisting the application, Mr. Osei contends that by the Criminal Procedure Code, 1960 (Act 30), s. 96 as amended by the Criminal Procedure Code (Amendment) Decree, 1975 (N.R.C.D. 309), s. 2 there is a mandatory prohibition against a court granting bail in respect of certain offences including murder. He contends that the offence of attempted murder is included in the offence of murder as the ingredient…