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Criminal law
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Court considered whether the accused was eligible for bail. Court held that since he had been on remand too long and there was no prospect of the accused being committed to high court and in absence of opposition of the bail application from the state, he was eligible to apply for bail. Court accordingly released the applicant on bail on condition he paid, 50,000/- to court, and he had to report to court after every 30 days from the day of release.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
MISC. CR. APPL. NO. 185/1989
BUMBAKALI :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT.
VERSUS
UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT
BEFORE:— The Honourable Mr. Ag. Justice J.WN. Tsekooko
R U L I N G
The accused is charged with the offence of Murder c/s 183 of penal Code. He first appeared in Court on the said charge on 2nd January, 1987 and has been on remand since then.
I gather from the learned State Attorney that Wandegeya Police Station has not submitted to the D.P.P. the police file for perusal and decision as to the fate of the charges against the accused. He therefore does not oppose release on bail.
The accused has been on remand for an aggregate period of 38Ya months. There is no prospect of his being committed to the High Court for trial soon, in the circumstances the accused qualifies for release on bail in terms of Section 14A of the T.I.D. 1971 as amended.
As the Sate Attorney does not oppose the application the accused is released on bail on the following conditions: —
(a) He shall deposit cash 50,000/= in Court.
(b) His two sureties are to be bound in the sum of 200,000/= not cash.
(c) Accused to report to Buganda Road Chief Magistrate’s Court after every 30 days from the date he fulfills these conditions until his case is otherwise dealt with.
If he does not fulfill these conditions he is to go back on remand.
J .W.N. TSEKOOKO
AG. J U D G E
19/3/1990