Once a person is found guilty by a court of competent jurisdiction, the person is expected to pay the penalty for the crime committed. Yet, the convicted person can still apply for bail. The person has to apply for bail at a court higher than the one that convicted it. However, getting this type of bail is quite difficult because the person is no longer presumed innocent since the court has found him guilty.

There are some things an accused person must show before he can even apply for bail. He must show that:

1. He has already filed an appeal at a higher court.

2. He did not jump bail nor violate any of his bail conditions when he was on bail.

The court on the other hand has the discretion to grant bail or not. Some instances where a court will not grant bail are:

1. If there is the possibility that the accused might jump bail.

2. If the accused is likely to commit another offence while on bail.

3. If it is likely that the accused will interfere with witnesses or with the prosecution’s case.

4. Where detention is necessary for the protection of the accused.

The court can however grant an accused bail if the offence he was convicted for is a bailable offence and he has been on bail. Also if there is the likelihood that the accused person might serve a considerable portion or the whole sentence before his appeal is heard, it may be a good reason to grant him bail otherwise the essence of the appeal will be lost.

Courts do not always grant bail just because the accused is ill. There must be compelling reasons to make the court grant bail on health grounds. If it can be shown that the ill health of an accused may deteriorate and lead to more serious health issues or where it is clear that the prison does not have the required facility to treat the accused person, the court may grant bail. The accused however has to show credible evidence, such as an expert witness, to support this.

Basically, granting bail to accused persons depends on the facts of each case. The courts would consider whether denying the accused bail might occasion an injustice if it so happens that his appeal is successful because even as an accused, he is still entitled to some rights.