19741212 TZHC Dar es Salaam

19741212 TZHC Dar es Salaam

Seriousness of the offence alone is not sufficient to deny bail if there is no evidence of likelihood of escape or interference with justice; discretion should be exercised in favour of the applicant when other factors mitigate in his favour.

Citation
19741212 TZHC Dar es Salaam
Parties
Respondent: Republic; Applicant: Samweli Kimaro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 December 1974
Procedural Posture
Miscellaneous Criminal Cause / Bail Application Ruling
Outcome
Bail granted
Legal Topics
Bail, Remand, Judicial Discretion
Source Language
English
Criminal Law Bail Remand Judicial Discretion

Case Brief

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Parties

Republic

Respondent

Samweli Kimaro

Applicant

Procedural Posture

Miscellaneous Criminal Cause / Bail Application Ruling

Legal Issues

  1. 1 Whether seriousness of the offence alone is sufficient ground to deny bail
  2. 2 What criteria should guide the grant or refusal of bail

Ratio Decidendi

Seriousness of the offence alone is not sufficient to deny bail if there is no evidence of likelihood of escape or interference with justice; discretion should be exercised in favour of the applicant when other factors mitigate in his favour.

Court Disposition

Bail granted

Orders

  • Applicant to be released on bail in the sum of Shs. 4,000/-
  • Applicant must have two independent reliable sureties in the like amounts