PRAH AND OTHERS V. THE REPUBLIC

ABOAGYE J.

The applicants herein have been charged before the District Court/Grade II, Cape Coast, with the offence of murder contrary to section 46 of the Criminal Code, 1960 (Act 29). On 3 May 1976, they were all remanded in custody. This application for bail for them has been brought by their counsel, Mr. E. M. Amponsah-Dadzie, under the Criminal Procedure Code, 1960 (Act 30), s. 96 (3). In an affidavit supporting the application it has been stated that the accused persons have been wrongly arrested and charged with the offence as none of them could be said to have taken part in the alleged murder of the victim, a child by name Benjamin Coleman. A copy of the motion paper and the supporting affidavit were served on learned state attorney but no affidavit in opposition was filed. This means that the facts deposed to in the applicants’ affidavit are not denied by the Republic.

At the hearing of the application the learned state attorney referred to the Criminal Procedure Code (Amendmen…