Emmanuel Magabe Masiaga

I

IN THE HIGH COURT OF TANZANIA MUSOMA SUB-REGISTRY

AT MUSOMA MISC. CRIMINAL APPLICATION NO. 00005210 OF 2025 REFERENCE NO.202502282000005210 EMMANUEL MAGABE MASIAGA....................................................... APPLICANT

VERSUS THE REPUBLIC.................................................................................. RESPONDENT

RULING 04th & 04th March, 2025 M. L. KOMBA.: The present application was brought with chamber summons accompanied by affidavit of Mary Samson, Advocate of the applicant. The application followed a cancellation of bail granted to the applicant by the District Court of Tarime (the committing court) in PI Criminal Case No. 20100 of 2025 (the PI case). On the last day of the proceedings the committing court committed accused person to this court and cancelled his bail as per this court directives and law. Page 1 of 4 During hearing the applicant was represented by Ms. Mary Samson while Republic was represented by Ms. Damari Nyange and Deonisi Towegale both State Attorneys. Ms. Samson present that applicant has been committed to High Court and following that committal his bail was cancelled and he prayed for bail pending hearing of the Criminal Session number 202411302000033692, he promising to adhere to conditions set by this court. Meanwhile Ms. Nyange informed this court that the offence which applicant is charged is bailable, further applicant had good behavior while on lower court bail, he conceded to the prayer while requesting this court to impose conditions if is pleased to grant the prayer. I find the offence which constitutes the crime in this application is bailable (Attempt to murder). Am aware of the Judiciary of Tanzania Bail Guidelines issued by Hon, Chief Justice on

10th September, 2020, item 3.2 of the Guidelines, the possibility that accused person may abscond bail, is one of the imperative factors to be considered in granting bail. Applicant in this application was under committal court bail and all the time he observed conditions imposed to that bail as submitted by State Attorneys and, that entrusted this court to consider the application. It should further be noted Page 2 of 4 that if the offence is bailable, then, bail condition set must be reasonable unless for the serious offence, where the condition must be stiff. Failure to fulfil conditions set, applicant will be deprived of his liberty. See Francis Davis Mchacky & Ten Others vs Republic, Misc Criminal Application No. 14 of 2022. Having that in mind while noting the law regulating bail under section 148 (1), (6) and 7 of the Criminal Procedure Act, Cap 20 [R. E. 2022], I have moved to grant bail to the applicant. However, in order to be released from custody, the applicant must fulfil the following conditions: 1. Applicant have to register two (2) reliable sureties who are able to execute bail bond amounting to Tanzanian Shillings Two Million Only (2,000,000/=) each of them.

2. Both must have introduction letter from the leaders of street they resides.

3. Both must have NIDA card/number in the introduction letter.

4. One of them must have immovable property within Mara Region.

5. Accused person is restricted to move out of Mara Region unless he obtain permit from Deputy Registrar of the High Court.

6. Accused person to report to Magistrate in-charge of Tarime District court every first Monday of every month and to enter appearance when needed in any day and time. The Bail conditions set out in this Ruling shall be supervised by the Magistrate in-charge of Tarime District It is so ordered. Ruling delivered in chambers under the seal of this court in the presence of Ms. Damari Nyange and Deonisi Towegale for Republic while applicant was represented by Ms. Mary Samson. L. k&MBA M.

JUDGE 04th March, 2025 Page 4 of 4