Jurisprudentially, every accused person should have access to certain fundamental human rights such as right to bail. It is anchored on the constitutional presumption of innocence until proven guilty. Freedom of movement to be curtailed once a person is allegedly to have violated the state law, thus he or she will be arraigned to face justice and where pronounced guilty by a competent court, appropriate punishment will be meted in the interest of attaining justice. Courts of law should, and, are expected to exercise their powers as to question of law and fact which arises judicially. This paper attempts to examine the meaning of bail; is it an automatic right? Effect of refusal to grant it and to draw a clear distinction as to what extent does the court has power and whether or not to grant the accused application to bail in vis-a-vis the existing legal framework in Uganda.
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