19901217 TZHC Dar es Salaam

19901217 TZHC Dar es Salaam

Bail cannot be denied based solely on unproven allegations in the charge sheet regarding property value; statutory deposit requirement does not apply unless value is established by evidence.

Citation
19901217 TZHC Dar es Salaam
Parties
Applicant: PIVS MAPUNDI; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 December 1990
Procedural Posture
Miscellaneous Criminal Application / Application for Bail After Refusal by Lower Court
Outcome
bail granted
Legal Topics
Bail, Presumption of Innocence, Valuation of Stolen Property
Source Language
English
Criminal Law Constitutional Law Bail Presumption of Innocence Valuation of Stolen Property

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Parties

PIVS MAPUNDI

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Application for Bail After Refusal by Lower Court

Legal Issues

  1. 1 Whether bail should be granted when the value of stolen property is alleged to exceed statutory threshold
  2. 2 Whether reliance on charge sheet alone is sufficient to determine property value for bail purposes

Ratio Decidendi

Bail cannot be denied based solely on unproven allegations in the charge sheet regarding property value; statutory deposit requirement does not apply unless value is established by evidence.

Court Disposition

bail granted

Orders

  • Applicant to be admitted to bail in the sum of Shs.500,000.00 with two sureties in the like sum.