JUDGMENT OF SARKODEE-ADOO C.J.
Sarkodee-Adoo C.J. delivered the reasons for the judgment of the court. We dismissed this appeal on 6 May 1966 indicating that we would give our reasons later, and accordingly we now give the reasons. The appeal is from the ruling of Wiredu J. dated 22 April 1966 reported at p. 327 supra admitting the respondent to bail, and is set out in extenso:
"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 entertained.
The application was originally brought under section 332 (1) and later amended to include section 96 (1) to (3) of the Criminal Procedure Code, 1960 (Act 30), and section 22 (2) of the Courts Act, 1960 (C.A. 9). Section 332 (1) as amended by the Criminal Procedure Code (Amendment) (No. 2) Act, 1962 (Act 116), reads: 'After the filing of a petition of appeal by any person entitled to appeal, and pending the hearing, the High Court may, for reasons to be recorded by it in writing, order that the execution of a sentence or order appealed against be suspended and also, if he is in confinement, that he be released on bail or on his own bond.' The respondent contends that this section comes under Part VIII of the Act and therefore refers to appeals from district courts that being that sub-heading. The reply to that was that that sub-heading cannot control the section because subsequent sections reveal that though the sub-title refers to appeals from district courts there is mention of juvenile and circuit courts and that shows that Part VIII is not restricted to district courts. Besides sectio
