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SC disagrees.
The test on determining whether an offense is a capital offense or not is not on what would
actually be imposed upon the accused, as what Petitioner argues. Under R114 S5, Capital
punishment is:
An offense which, under the law existing at the time of its commission, and at the time of
the application to be admitted to bail, may be punished by death.
It is clear from this provision that the capital nature of an offense is determined by what the law
prescribes, with reference to a strong evidence of guilt. To allow bail on the basis of the penalty
actually imposed would require evidence not only of the commission of the crime but also of the
aggravating and mitigating circumstances. There would then be a complete trial because all of
the evidence needs to be appreciated, and by then the judge would be ready to render a
decision. Such procedure would defeat the purpose of bail.
However, SC disagrees with Respondent Judge that Petitioner has not proven his minority.
Respondent Judge refused to take cognizance of the attached birth certificate in the motion
because he said that the same was not offered in evidence. SC said that this is erroneous, the
evidence of Petitioners minority is already part of the records. The birth certificate was properly
filed in support of a motion, which is allowed under R133 S7.
WHEREFORE, Bail granted, fixed at 15k