Soon, Mr. R.N. Chenge, DPP came in to announce his appearance for
the State. The case was later adjourned on the request of the DPP
to get in touch with the Police authorities on the position of the
matter. Hearing of the Summons was then adjourned to 19/5/2010.
On that date no Counsel appeared for the State.
I allowed
Applicant’s Counsel to move her application. She said the application
for bail was brought pursuant to Section 19(3)(b) of the Constitution;
that she relied on all the paragraphs of the supporting affidavit.
Counsel drew attention to the main facts in the affidavit, namely:
that the applicant, on 18/3/2010 went to the police station on his
own to “set the records straight about one HAJANDING JAWLA who
was making false accusations against him that he raped her”; that it
was based on his complaint that the girl was invited to the station for
questioning; that after that the applicant was detained in the station
for 4 to 5 days and then taken to Janjanbureh Prisons in MaCarty and
has remained there till now. He was not been charged to any Court
of law; that the applicant is a married man with children and
prepared to provide responsible people to stand as surety for him.
Counsel submitted that the applicant has been in custody for over 68
days without being brought to Court, the police or whoever detained
him have seriously contravened Section 19(3)(b) of the Constitution
which Section makes it unlawful to detain any body in custody
beyond 72 hours without bringing the person to Court.
2