manyenye mariana vs republic 2021 tzhc 4241 30 july 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (SUMBAWANGA DISTRICT REGISTRY) AT SUMBAWANGA MISC. CRIMINAL APPLICATION NO. 9 OF 2021 (C/0 Miele DC Economic Crimes Case No. 3 of 2021) MANYENYE S/O MARIANA @ MANYENYE..................... APPLICANT VERSUS THE REPUBLIC........... ...................................................RESPONDENT RULING Date: 19 & 19/07/2021 Nkwabi, J.: The applicant is seeking bail. He was arraigned before Miele District Court facing one count in an economic crimes case number 3/2021. He stands charged with unlawful possession of Government Trophy contrary to section 86(1) and (2) (b) of the Wildlife Conservation Act No. 5 of 2009 read together with paragraph 14 of the First schedule to and sections 57(1) and 60(2) of the Economic and Organized Crime Control, Act [CAP. 200 R.E. 2002. The application was supported by the affidavit of the applicant. The application was not resisted by the respondent, who during the hearing i prayed this court to consider the provisions of section 36(4)(e) and section 36(5) (a) of the Economic and Organized Crimes Control Act. After hearing both parties, and since the respondent does not object this bail application, without much ado, I grant the application for bail. Bail conditions to follow as hereunder: 1. The applicant shall be out on bail upon depositing cash money to the tune of Tshs. 6,815,270/= equivalent to half of the value of the trophies or deposit title deed of immovable property whose value is proved through government valuer's report to be not less than T.shs 6,815,270/= equivalent to half of the value of the trophies. 2. The applicant shall have two reliable sureties who shall execute bail bond at T.shs 6,815,270/= each. Each surety shall have introductory letter from local government leader(s) of their locality where they reside. 3. Since the applicant ought to appear in the trial court, such appearance on the fixed date shall be deemed as reporting to the authority. 2 4. The applicant has to surrender any travel document that he possesses if any. 5. The applicant shall not travel outside the jurisdiction of the High Court Sumbawanga Zone during the pendency of Economic crimes case the subject of this application for bail, save with the permission of the learned trial Magistrate. 6. Ascertainment of compliance with the bail conditions set hereinabove shall be conducted by the Resident Magistrate who is in the conduct of the case in Miele District Court. It is so ordered. this 19th day of July, 2021. J. F. Nkwabi, JUDGE in chambers this 19th day of July 2021 in the Amani, learned State Attorney for the Respondent and the applicant present in person. J. F. Nkwabi, JUDGE 3