20140523 TZHC Dar es Salaam

· IN THE HIGH CORUT OFT ANZANIA [DAR ES SALAAM DISTRICT REGISTRY]

AT DAR ES SALAAM MISC. CRIMINAL APPLICANTION NO. 40 OF 2014 ( Originating from Economic Criminal Case No. 18 of 2014 Resident Magistrate's Court Kisutu at Kisutu) RAZV AN PINTILE .......................... 1 5 T APPLICANT ROBERT KRAUS ............................. 2ND APPLICANT

VERSUS THE REPUBLIC ............................... RESPONDENT 23/5/2014 & 23/5/2014

RULING S. Bongole, J ·The application by the applicants naimely (1) RAZV AN PINTILE; (2) ROBERT KRAUS has been preferred under a certificate of urgency at the Instance of Mr. Daudi J. Malima learned Advocate. It is made under S. 148 (1), (2) and (3) of the Criminal Procedure Act Cap. 20 R.E 2002 where the applicants are praying for bail in respect of Economic Crime Case No. 18 of 2014 pending before the Resident Magistrate Court of Dar es salaam, at Kisutu against them. Page 1 of 3 It is supported by the affidavit deposed on by Mr. Daudi J. Malima le.arned Advocate of the High Court of Tanzania. Before the RM's Court, the applicants were jointly charged of 7 Counts. Six Counts under the Electronic and Postal Communications Act No. 9 of 2010 and one Count i.e (7th Count) under the Economic and Organised Crime Control Act Cap 200 R.E 2002). In essence, the Respondent/ Republic having been represented by Mr. Joseph Pande learned Senior State Attorney do not object the application. However, he pray this Count to take into account the requirements of S.36 (1) of Cap.200 R.E 2000 in considering bail conditions. Mr. Mgongolwa learned Counsel for the applicants argued that the provisions of S. 36 (1) of Cap.200 R.E 2000 are no longer good law as it was declared unconstitutional by this court in the celebrated case of Costa Mahalu' s (supra). It is trite that the offences under which

the applicants stand charged are bailable offences under our laws. I will therefore grant the applicants bail c:1s prayed. Page 2 of 3 I am mindfull of the requirements of ½ amount of the alleged loss as enshrined under s.36 (1) of Cap. 200 R. E 2002. This court has expressly and categorically declared the said section unconstitutional as per the Costa Mahalu Case (Supra). I stand by that position as of today that position has not changed. I will as I hereby do grant bail to the applicants on the following conditions: 1. The Applicants shall execute a bail bond. of the sum of Tshs.2,000,000/ = each.

2. Each Applicants shall have one reliable surety a Resident of the United Republic of Tanzania residing within Dar Region with an Immovable property.

3. The applicants must/ shall surrender their travelling documents (Passport) to the Regional Crimes officer (RCO) Dar es salaam Zone.

4. The Applicants are Restricted to move out of the Country Page 3 of 3