MISC
Since the prosecution did not object and the offence is bailable, the applicant is entitled to bail upon fulfilling specified conditions.
Source-derived case information.
- Citation
- MISC
- Parties
- Applicant: Hadija Issa Bonifasi; Respondent: The Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Miscellaneous Criminal Application / Bail Application Pending Trial
- Outcome
- Bail granted
- Legal Topics
- Bail, Manslaughter, Committal Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hadija Issa Bonifasi
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Bail Application Pending Trial
Legal Issues
- 1 Whether the applicant is entitled to bail pending trial for manslaughter after committal to the High Court
Ratio Decidendi
Since the prosecution did not object and the offence is bailable, the applicant is entitled to bail upon fulfilling specified conditions.
Court Disposition
Bail granted
Orders
- Applicant to execute a bail bond of Tshs. 2,000,000/- with two reliable sureties each in the like sum.
- Sureties must be residents of Lindi or Mtwara Region with recognized places of abode and possess immovable properties and National ID or letter of identification from local authorities.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE UNITED REPUBLIC OF TANZANIA IN THE HIGH COURT OF TANZANIA IN THE SUB-REGISTRY OF MTWARA AT MTWARA MISC CRIMINAL APPLICATION NO. 12657 OF 2024 (Arising from the P.I. No. 03 of2023 of the District Court of Lindi District at Lindi) HADIJA ISSA BONIFASI........... ,..... ......... .......APPLICANT VERSUS THE REPUBLIC........ ........................................... ....RESPONDENT RULING 16th July 2024, DING'OHI, J. The applicant Hadija Issa Bonifasi was taken to the District Court of Lindi district for the committal proceedings of the offence of Manslaughter contrary to Section 195 of the Penal Code, Cap. 16 R.E. 2022. At the committing court, she was granted bail and was out of bail. When committed for trial to this court, her bail found itself ended. She has filed this application for bail pending the trial. The application is made by chamber summons under Section 148 (3) of the Criminal Procedure Act (Cap. 20 R. E. 2022). The same is accompanied by the applicant's affidavit. Page 1 of 3 At the hearing of this application, Mr. Edson Laurance Mwapili learned State Attorney did not resist the application. Since the republic has no objection to this application and the charge facing the applicant the same is granted. The applicant who was out of bail before she was committed to this court for trial may be released on bail upon fulfilling the following conditions: 1. To execute a bail bond in the sum of Tshs. 2,000,000/- With two reliable sureties each in the like sum. 2. Sureties must be residents of Lindi or Mtwara Region with recognized places of abode and who possess immovable properties. The sureties must also possess a Nation ID or letter of identification from their respective Local authorities. 3. They should not leave the jurisdiction of this court without prior permission from the Deputy Registrar. 4. She must attend her case once she is required to appear before this court. 5. The sureties are to be properly approved by the Deputy Registrar. It is so ordered. DATED at MTWARA this 16th day of July 2024. Page 2 of 3 ,R. DING'OHI JUDGE 16/07/2024 COURT: The ruling is delivered this 16th day of July 2024 in the presence of Mr. Edson Laurance Mwapili the learned State Attorney for the Republic and the applicant in person. 16/07/2024 Page 3 of 3