GH - GYAKYE AND ANOTHER v. THE REPUBLIC

JUDGMENT OF 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 considered opinion that they have not been tried within a reasonable time and further there is no evidence that it is likely that they will be tried soon. In fact they have not been indicted to stand trial. I am, therefore, compelled within the spirit and letter of the Constitution to allow the applicants to bail in the sum of N¢500.00 with one surety to be justified for each. The applicants should also report to the police at Tarkwa two days a week, Mondays and Thursdays. Bail bond should be executed by the district court registrar at Tarkwa District Court Grade I.

DECISION

Applications granted.

[Reorted by S. OSAFO, LL.B. (GHANA).]

JUDGMENT OF COUSSEY J.

DECISION

Applications granted.

[Reorted by S. OSAFO, LL.B. (GHANA).]

GYAKYE AND ANOTHER v. THE REPUBLIC

Areas of Law

JUDGMENT