19900821 TZHC Dar es Salaam

19900821 TZHC Dar es Salaam

The High Court has discretion to set bail conditions under Section 148(6)(7) of the Criminal Procedure Act, 1985 as amended, and is not required to impose a mandatory cash deposit; the application for bail is granted subject to specified conditions.

Citation
19900821 TZHC Dar es Salaam
Parties
Prosecution: The Republic; Applicant/accused: Emmanuel Dunstan Mpangala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 1990
Procedural Posture
Bail Application / Original Jurisdiction, High Court, Bail Pending Decision to Prosecute
Outcome
bail granted
Legal Topics
Bail, Pecuniary Loss to Specified Authority, Economic and Organised Crime Control Act
Source Language
English

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Parties

The Republic

Prosecution

Emmanuel Dunstan Mpangala

Applicant/accused

Procedural Posture

Bail Application / Original Jurisdiction, High Court, Bail Pending Decision to Prosecute

  1. 1 Whether the applicant is entitled to bail under the Economic and Organised Crime Control Act, 1984 as amended
  2. 2 Whether the court is required to impose a mandatory cash deposit as a condition for bail

Ratio Decidendi

The High Court has discretion to set bail conditions under Section 148(6)(7) of the Criminal Procedure Act, 1985 as amended, and is not required to impose a mandatory cash deposit; the application for bail is granted subject to specified conditions.

Court Disposition

bail granted

Orders

  • Applicant to produce two sureties, each to execute a bond of TShs. 10 million and own immovable property with title deed surrendered to court.
  • Applicant to sign a bond of TShs. 20 million.