MISC

IN THE UNITED REPUBLIC OF TANZANIA IN THE HIGH COURT OF TANZANIA IN THE SUB-REGISTRY OF MTWARA AT MTWARA MISC CRIMINAL APPLICATION NO. 13935 OF 2024 (Arising from the P.I. No. 04 of2023 of the District Court of Lindi at Lindi) 3ALINAJUMA LIWATIRA................. .............. ...................... 1st APPLICANT MWANAAFA YUSUPH.............. ................. .............2ND APPLICANT SALUMU YUSUPH......................... ...............3rd APPLICANT VERSUS THE REPUBLIC......... ............ RESPONDENT RULING Iff1''July 2024. DING'OHI, J. The applicants, Jalina Juma Liwatira, Mwanaafa Yusuph, and Salumu Yusuph are facing the offence of Manslaughter contrary to sections 195 (1) and 198 of the Penal Code Cap 16 R.E. 2022. The matter was sent to the District Court of Lindi as a P.I. No. 04 of 2023. They have come to this court seeking to be granted bail pending trial. The application is made under section 148 (3) of the Criminal Procedure Act Cap 20. R.E. 2022. Page 1 of 5 The application is supported by an affidavit sworn by all applicants. In terms of their joint affidavit, the applicants contended that this is the only court that is vested with jurisdiction to entertain the application after they were committed for trial. In this matter, the applicants were unrepresented. The respondent was represented by Mr. Edson Laurence Mwapili, the learned State Attorney. When the applicants were given the floor to argue their application, they did not have much to submit. They prayed that the facts in the joint affidavit be adopted as their submissions in support of this application. In his submission in support of the application, Mr. Mwapili, for the Republic, commenced by adopting the contents of the affidavit supporting the application. He submitted that given the fact that the offence is bailable and there's no objection against this application from their office, the application be granted; the applicant be released on bail subject to the conditions to be set by this court. After hearing from both parties, the crucial issue is whether the application has merit. The provisions of section 148 (3) of the Criminal Procedure Act Cap 20. R.E. 2022 in which this application is made reads as follows; Page 2 of 5 " The High Court may, subject to subsections (4) and (5) of this section, in any case, direct that any person be admitted to bait or that the bail required by a subordinate court or a police officer be reduced." The applicants are facing the charge of Manslaughter. If proven, it attracts a penalty of life imprisonment (depending on the circumstance). It is a serious charge. Under the circumstances, if bail is granted the conditions thereof should be in such a way that will ensure attendance of the applicants during the whole trial. I have considered that together with the surrounding circumstances of this matter. The bail is a constitutional right guaranteed under Article 13 of the Constitution of the United Republic of Tanzania. Since the Republic has no objection to this application and the offence facing the applicants is bailable per the law I will have no material to refuse this application where the applicants have promised to have reliable sureties. The application is therefore granted. The applicant may be released on bail upon meeting the following conditions; Page 3 of 5 1. Each applicant is to execute a bail bond of Tshs. 2,000,000/= with two reliable sureties, each in the like sum thereof. 2. The sureties must be residents of Lindi or Mtwara Region with a recognized place of abode and must possess immovable properties. They must also have a Nation ID or letter of identification from their respective Local authorities. 3. The applicants should not travel outside the Mtwara and Lindi regions without prior permission from the Deputy Registrar. 4. The applicants must attend their case once they are required to appear before this court. 5. The Deputy Registrar will approve the sureties. It is so ordered. DATED at MTWARA this 16th day of July 2024. H I 16/07/2024 Page 4 of 5 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 applicants in person. 16/07/2024 Page 5 of 5