Continued bail pending trial upheld after long custody, with liberty to seek cancellation for breach of conditions.

Continued bail was upheld pending trial where the appellant had already spent about eight years in custody in the predicate offence and had not been arrested during the investigation commenced in 2016. The Supreme Court confirmed the earlier interim bail order, set aside the impugned rejection order, and permitted the prosecution to seek cancellation if bail conditions were breached or other grounds for cancellation arose. The trial court's bail order was therefore directed to continue during the pendency of the trial.

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Issues: Whether the appellant was entitled to continue on bail pending trial, and whether the impugned order rejecting such relief was liable to be set aside.

Analysis: The appellant had undergone incarceration for about eight years in the predicate offence and had not been arrested during the investigation, which commenced in 2016. In these circumstances, the earlier interim order granting bail was confirmed, with liberty reserved to the prosecution to seek cancellation if the terms and conditions of bail were violated or if other grounds for cancellation arose.

Conclusion: The appeal was allowed, the impugned order was set aside, and the bail granted by the trial court in terms of the earlier interim order was directed to continue during the pendency of the trial.

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