[2022] KEHC 2658 (KLR)
The court allowed the application for bail/bond pending appeal because it was unopposed and the court, after considering the grounds of appeal, the application, and the lower court's judgment and proceedings, found no reason to deny the appellant bail. The court exercised its discretion to grant bond with surety and...
Source-derived case information.
- Citation
- [2022] KEHC 2658 (KLR)
- Parties
- Appellant: Abdulrasul Bahadal; Respondent: The Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal EO97 of 2021
- Procedural Posture
- Criminal Appeal / Ruling on Bail/bond Pending Appeal
- Outcome
- Application for bail/bond pending appeal allowed.
- Legal Topics
- Bail Pending Appeal, Stealing Offence, Bond Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulrasul Bahadal
Appellant
The Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Appeal / Ruling on Bail/bond Pending Appeal
Legal Issues
- 1 Whether the appellant should be granted bail or bond pending the hearing and determination of the criminal appeal.
- 2 Whether there is any opposition to the application for bail/bond.
Ratio Decidendi
The court allowed the application for bail/bond pending appeal because it was unopposed and the court, after considering the grounds of appeal, the application, and the lower court's judgment and proceedings, found no reason to deny the appellant bail. The court exercised its discretion to grant bond with surety and imposed reporting conditions to ensure the appellant's continued attendance pending the determination of the appeal.
Court Disposition
Application for bail/bond pending appeal allowed.
Orders
- The appellant is granted bond of Kshs.2,000,000 with a surety of the same amount.
- The appellant shall attend mention every 30 days starting 28/02/2022 pending hearing and determination of the appeal.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPEAL NO. EO97 OF 2021
ABDULRASUL BAHADUL .......................................................................APPELLANT
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTIONS...............................RESPONDENT
R U L I N G
1. The Appellant Abdulrasul Bahadal referred this appeal from the conviction in Shanzu CR. Case No. 819 of 2017 where he was convicted for the offence of stealing contrary to Section 268(1) as read with Section 275 of the penal code.
2. The particulars were that the Appellant on diverse dates between 17th day of August 2012 and 4th April 2016 at Mombasa within Mombasa County, stole a total of Kshs.22,000,000/= the property of Shanne Abbas Mustafa Kanani.
3. By an application dated 12th November 2021, the Appellant sought to be admitted to bail/bond pending the hearing and determination of his appeal and that appeal be heard on priority basis and at the earliest opportunity.
4. The Application was supported by the grounds on the face of the application and affidavit sworn by the Appellant. The application was not opposed.
5. Having considered the grounds of appeal, the application and the Judgement and proceedings of the lower court and in consideration of the same and in absence of any opposition the application by the Appellant is hereby allowed.
6. The Appellant is granted bond of Kshs.2,000,000/= with a surety of the same amount. The appellant will have to attend for mention after every 30 days starting with 28/02/2022 pending hearing and determination of appeal. Registry to call for lower court records.
Judgment dated, signed and delivered in Open Court
this 27thday of January 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel - Court Asst.
Appellant - Present in person
Mr. Amadi Advocate for Appellant/Applicant - No appearance
Mr. Mulamula for state
Hon. Lady Justice A. Ong’injo
Judge