20080202 TZHC tABORA

20080202 TZHC tABORA

Bail cannot be denied based on mere expression of fear by the prosecution; there must be verifiable evidence on record that the accused is likely to abscond. In the absence of such evidence, the applicant is entitled to bail.

Citation
20080202 TZHC tABORA
Parties
Prosecution: The Republic; Accused: Juma s/o Ng'waya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 February 2008
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
Bail granted pending trial
Legal Topics
Bail, Attempted Murder
Source Language
English
Criminal Law Bail Attempted Murder

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Parties

The Republic

Prosecution

Juma s/o Ng'waya

Accused

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial for attempted murder

Ratio Decidendi

Bail cannot be denied based on mere expression of fear by the prosecution; there must be verifiable evidence on record that the accused is likely to abscond. In the absence of such evidence, the applicant is entitled to bail.

Court Disposition

Bail granted pending trial

Orders

  • Applicant to post bond of Tshs. 2,000,000 with two sureties each on bond of Tshs. 1,000,000 or registered property of equivalent value
  • Applicant to report regularly at the District Police Station