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

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