Otieno Osole Mangasa Japunda

IN THE HIGH COURT OF TANZANIA MUSOMA SUB-REGISTRY

AT MUSOMA MISC. CRIMINAL APPLICATION NO. 0000888 OF 2024 REFERENCE NO. 202501102000000888 (Arising from PI No. 20231110000036788 of2023 of the District Court of Musoma) OTIENO OSOLE MANGASA@ JAPUNDA ................ APPLICANT

VERSUS NPS....................... RESPONDENT

RULING 07th 8107th February, 2025 M, L. KOMBA.: The present application was brought with chamber summons accompanied by affidavit of Paulo Binton Obwana, advocate for the applicant. The application followed a cancellation of bail granted to the applicant by the District Court of Rorya (the committing court) in PI Criminal Case No. 20241217000035037 (the PI case). On the last day of the proceedings the committing court committed accused person to this court. During hearing the applicant was represented by Mr. Paulo Binton Obwana while Republic was represented by Mr. Jonas Kivuyo, State Attorneys. Page 1 of 4 Mr. Kivuyo was the first to address this court that he has read the application and affidavit and respondent has no objection on application for bail because the offence charged applicant is bailable. He prayed, if this court grant bail, to issue condition as assurance of applicant availability. Mr. Obwana present that applicant has been committed to High Court and following that committal has right to be under bail bearing in mind that previously before Republic entered nolle proseque in November 2024, applicant was under bail he observed all conditions. He prayed for lenient conditions. 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 bail before nolleprosequeand all the time he observed conditions imposed to that bail as submitted by his counsel and that, entrusted this court to consider the application. It should further be noted 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 Page 2 of 4 fulfil conditions set, applicant will be deprived of his liberty. See Francis Davis Mchacky & Ten Others V. 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 one Million Only (1,000,000/=) each of them.

2. Both sureties must be residents of Mara Region and must have introduction letter from the leaders of street they reside or employers.

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

4. Applicant is restricted to move out of Mara Region unless he obtain permit from Deputy Registrar of the High Court.

5. Accused person to report to Deputy Registrar of the High Court every first Monday of every month and has to appear when needed any day and time. Page 3 of 4 6. Bail conditions listed in this ruling should be supervised by Deputy Registrar of this sub registry. The Bail conditions set out in this Ruling shall be supervised by the Deputy Registrar of this court at Musoma Sub-Registry. It is so ordered. k M. L. KOMBA

JUDGE 07 February, 2025 Ruling delivered in chambers under the seal of this court in the presence of Mr. Jonas Kivuyo for Republic and Applicant was represented by Mr. Obwana. K M. L. KOMBA

JUDGE 07 February, 2025 Page 4 of 4