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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the applicant is entitled to bail under the Economic and Organised Crime Control Act, 1984 as amended
- 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.
Full Case Text
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