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GYAKYE AND ANOTHER V. THE REPUBLIC

(1971) JELR 68015 (HC)

High Court  •  3 Jun 1971  •  Ghana

Coram
COUSSEY J.

Judgement

COUSSEY J.: The applications before me are for bail. The applicants have been charged with murder contrary to section 46 of the Criminal Code, 1960 (Act 29). By section 96 of the Criminal Procedure Code, 1960 (Act 30), it appears that bail cannot be granted to a person charged with murder. But article 15 (4) of the Constitution, 1969, states that:

“Where a person arrested, restricted or detained in any circumstance as is mentioned in paragraph (b) of the immediately preceding clause is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.”

The applicants were arrested on 28 May 1970 and have been kept in custody since then. There is no indication as to when their trial will start. It is my …

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