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

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