Facts
In a trial for indecent assault the trial Resident Magistrate refused the applicants bail on the ground that their safety would be jeopardized. On an application for bail to the High Court the D.P.P. filed a certificate pursuant to section 148(4) of the Criminal Procedure Act to bar the admission of the applicants to bail. The judge found that the contest was over the constitutionality of the provisions of s.148(4) and the validity of the D.P.P.'s certificate, matters which then were also pending before the Court of Appeal.
Held: (i)As the issue on the validity of section 148(4) and the D.P.P.'s certificate is one of the issues for determination by the Court of Appeal in the pending case, it is prudent and a matter of good sense to await the I determination of the issue by the Court of Appeal.
(ii) In the meantime, the D.P.P.'s certificate, issued under the provisions of S.148(4) holds sway and operates to bar the release of the applicants on bail.
Case Information
Order accordingly.
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