In re R. v. Sakerbai M. A. Gangji, Misc. Crim. Cause 12-D-67; 4/5/67; Saidi, J.

In re R. v. Sakerbai M. A. Gangji, Misc. Crim. Cause 12-D-67; 4/5/67; Saidi, J.

Applicants were convicted of assault occasioning actual bodily harm and applied for bail pending the hearing of their appeal. They argued that the granting of bail would make it easier for their advocate to prepare the appeal, that they would otherwise be imprisoned for an extended period, that they would otherwise be imprisoned for an extended period, that they were in poor health, that they were of good character, and that there was an overwhelming probability that the appeal would succeed. The court found serious conflicts in the evidence of the prosecution.

            Ruled: (1) Bail pending appeal should only be granted for exceptional and unusual reasons. Neither the complexity of the case nor the good character of the applicant, nor alleged hardship to his dependents is sufficient in itself. The court must be satisfied that there is an overwhelming probability that the appeal will succeed. (2) On the facts of the present case, the weakness of the prosecution evidence justifies the granting of bail.