Registrar forwards them to the Chief Justice who assigns same to the
Courts. Thus the paragraph 3(b) of the Counter affidavit deposed
“that the State has since concluded process for the arraignment of
the applicant before the High Court”, not before this Court. The law
allows me to take judicial notice of any process filed in the Registry
of the High Court and exhibited in any matter before me.
Ext “A”
shows that a case is filed in the High Court against the
Applicant, the offence is Rape; there is proof of evidence, list of
witnesses and list of exhibits. The case will or is to be assigned to a
Judge, not necessarily myself. Whatever decision I take now will not
be binding on the Judge before whom the Applicant will be arraigned.
I think it is proper, in view of Ext “A” for the Court before which the
Applicant will be arraigned to also consider whether or not to grant
him bail.
The second issue is whether or not the offence of Rape is bailable. It
is not in dispute that the offence of rape carries a sentence of life
imprisonment on conviction. That much is provided by Section 99(1)
of the CPC as amended by Act No.2 of 2002.
That Section as
amended should now read: (in part)
“99(1)
When any person, other than a person accused of an
offence punishable with death or life imprisonment
appears or is brought before any Court on any
process----------------”
8