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DJABA V. THE STATE

(1966) JELR 64297 (HC)

High Court  •  22 Apr 1966  •  Ghana

Coram
WIREDU J.

Judgement

WIREDU J.: The applicant was convicted on 10 May 1965 with two others of conspiracy and stealing an amount of £G512,000 and he was sentenced to 24 years’ imprisonment with hard labour. He has filed an appeal and applied to this court for bail.

The main grounds of the application are that he has a reasonable chance of success in the appeal which may take a long time before it is heard and that his being kept in custody would work hardship and be unjust to him should the appeal succeed. This point was canvassed exhaustively in the analysis of the 97 page judgment of Akainyah J. (as he then was) sitting in the High Court, Accra.

The respondent dwelt mainly on the question of jurisdiction and on authorities showing that there must be special or exceptional circumstances before bail should be granted.

I have therefore to decide:

(1) Whether or not I have jurisdiction to entertain this application.

(2) Conditions governing granting of bail pending appeal.

(3) Whether this application should be en…

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