Jayantlal Hemraj v. R. Misc. Crim. Cause 3-A-70; 31/3/70; Bramble, J.

Jayantlal Hemraj v. R. Misc. Crim. Cause 3-A-70; 31/3/70; Bramble, J.

In an application for bail pending appeal an advocate for the appellant quoted Raghbir Singh Lamba v. R. (1958) E.A.L.R., p. 337 in which it was stated that “bail will be granted in each case only for exceptional and unusual reasons and one of the exceptional reasons is that the appeal would have an overwhelming chance of success.” This was followed by the High Court in Tanzania in R. v. Sakerbai M.A. Gangji (1967) H.C.D. 245 and Hasanali Walji v. R. (1968) H.C.D. 174. In the latter the Chief Justice held that – “But the test is always whether an appeal ‘has an overwhelming chance of success’ and the test is not met ‘

Where an argument on the facts needs detailed reference to the rest of the evidence or the judgment to support it.’ ……..” it was sought to rely on the first ground of the petition of appeal that –“The learned Resident Magistrate erred in finding that the sums of money, the subject for the fourth and fifth counts, were the property of the tenth prosecution witness.”

            Held: (1) “This contention depends on a close and detailed analysis of the evidence and the judgment and from its very nature it cannot be said that this appeal has an overwhelming chance of success; it is the very sort of exercise that the last judgment warned against.” (2) “The consideration such as the likelihood of the appellant attending in court at the hearing, the danger of his committing a breach of the peace should his application succeed and he be released, and the gravity of the offence apply to the refusal for granting of bail before trial rather than after conviction. (Jetwa v. R. Cr. App. No. 938 of 1968 High Court of Kenya adopted). (3) “The discretion of this court in applications of this kind has been generally exercised in accordance with the practice of the courts in the United Kingdom and I see no good reason to alter this practice. For these reason I must refuse the application.”