Benwell v. The Attorney General and Another – sllr 1988 volume 1 page 001

In the case between Benwell (Plaintiff) and The Attorney-General and Another (Defendants), the court addressed the issue of whether a High Court retains jurisdiction to grant bail after making an order of committal under section 10(4) of the Extradition Law No. 8 of 1977. It was held that the authority to release on bail under section 10(2) is limited exclusively to the pre-committal stage and does not extend once an order of committal is made. The statutory provisions of the Criminal Procedure Code (sections 402, 403, 404, and 438) were determined not to supplement or extend this jurisdiction in extradition proceedings. This decision reaffirmed the principle that no inherent or residual jurisdiction exists to grant bail after committal, accentuating the finality of a committal order in ex