mussa waziri vs republic 2020 tzhc 209 28 february 2020

IN THE HIGH COURT OF TANZANIA

AT TABORA

APPELATE JURISDICTION MISC. CRIMINAL APPLICATION NO. 12 OF 2020 (Original Economic Case No. 3 of 2020 of the District Court of Tabora at Tabora) MUSSA WAZIRI............................................................APPLICANT

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

RULLING 24/02 & 28/02/2020 BONGOLE J. The applicant MUSSA WAZIRI instituted this application seeking for orders that:- 1. That,this honorouble court be pleased to grant bait to the applicant pending determination o f the economic crime case no 03 of 2020 in the Resident Magistrate Court of Tabora at Tabora.

2. Any other order this court may deem fit andjust to grant. The application is made under the provisions of Section 29(4)(d) and 36(1) of the Economic and Organized crimes control Act, CAP 200 R:E 2002 as amended by written laws(Misc amendments)Act no 3 of 2016 and any other enabling provision of the laws, it is supported by an affidavit deposed by the applicant. The facts as deposed in the affidavit inter alia materially run; 1. That, on diverse dates of December 2019, the Applicant was arrested and later was arraigned before the District Court of Tabora on the 07th day of January 2020 with one count namely, Unlawful possession of Government Trophy.

2. That, the value of the alleged property for being unlawfully acquired by the Applicant which is stated in the charge sheet is Tshs. 35,850,000/= 3. That, the Applicant was affected from HIV Positive in which he needs a special care and he cannot obtain the said care while is remanded in the prison, and by now he becomes more weak as he is very old man of 69 years old. Not only that also he had a family which depends on him in which by now remained helpless.

4. That, the monetary value of the alleged property being unlawfully possessed exceeds 10 Million shillings and the offence which the applicant stand charged are bailable offence by this honourable court.

5. That, the applicant is a Tanzanian and has credible and reliable sureties residing in Tabora Region who will meet the conditions to be set by this honourable court and will make sure that he will appears all the time before the court and comply with the bail conditions.

6. That, the applicant is a good citizen of Tanzania who is currently presumed innocent until proved otherwise. 2 7. That, as bail is both a statutory and constitutional right to the applicant, it is in the interest of justice that, this application be granted. When the application came for hearing Ms Ngowi learned State Attorney supported the application for the reasons stated in 2nd and 8th paragraphs of the applicant's affidavit that he is affected from HIV positive in which he needs a special care and he cannot obtain the said care while is remanded in the prison. It is a presumption of law that an accused person is presumed to be innocent until proved guilty by a competent court with a competent jurisdiction and or until such accused pleads guilty to the charge voluntarily. Bail is granted to an accused person to ensure that he appears to stand trial without the necessity of him being detained in custody in the meantime. The effect of bail is merely to release the accused from physical custody but he is still under the jurisdiction of the law and is bound to appear at the appointed time and place. This application is made under Section 36(1) and (5)(a) and Section 29(4)(d) of the Economic and Organized Crime Control Act,Cap.200 as amended by the Written Laws (Miscellaneous Amendments)Act No.3 of 2016 which empowers the High Court to grant bail upon executing bond with or without sureties for the appearance of accused person in a place and time set by the court. From the forgoing I am satisfied that the applicant has met the criteria for the grant of bail pending trial and I hereby grant the application as prayed on the following conditions;- 1. The Applicant must execute a bail bond in the sum of 6,000,000/= with two reliable surety in the like sum.

2. The sureties must be residents of Tabora region owning immovable property of reasonable value.

3. The Applicant is restricted from travelling outside Tabora region without prior written consent sought and granted by the DR -Tabora High Court.

4. The Applicant must surrender his travelling documents to the RCO- Tabora.

5. The sureties to be approved by the DR-Tabora zone.

JUDGE 28/ 02/2020 Ruling delivered under my hand and seal of the court in chambers, this 28/02/2020 in the presence of Applicant, Ms. Flavia Francis learned Advocate for the Applicant and Ms. Jainess Kihwelu, learned State Attorney for the Respondent. 4