[1990] UGHCCRD 13
The applicant has been on remand for over 38 months without being committed for trial, and the State Attorney does not oppose the application. The continued detention without trial is unjustified, and the applicant qualifies for release on bail under Section 14a of the T.I.D. 197 as amended. The court therefore...
Source-derived case information.
- Citation
- [1990] UGHCCRD 13
- Parties
- Applicant: Bumbakali; Respondent: Uganda
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Criminal Application 185 of 1990
- Procedural Posture
- Miscellaneous Application / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Judges
- Tsekooko, J
- Legal Topics
- Bail, Remand Periods, Murder Charge, Pretrial Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bumbakali
Applicant
Uganda
Respondent
Procedural Posture
Miscellaneous Application / Bail Application Ruling
Legal Issues
- 1 Whether the applicant qualifies for release on bail given the prolonged remand period.
- 2 Whether the absence of opposition from the State Attorney affects the bail application.
Ratio Decidendi
The applicant has been on remand for over 38 months without being committed for trial, and the State Attorney does not oppose the application. The continued detention without trial is unjustified, and the applicant qualifies for release on bail under Section 14a of the T.I.D. 197 as amended. The court therefore grants bail subject to specific conditions to ensure the applicant's appearance and compliance with court processes.
Court Disposition
bail_granted_with_conditions
Orders
- The applicant shall deposit cash Shs. 50,000 in court.
- The applicant's two sureties are to be bound in the sum of Shs. 200,000 each, not cash.
Full Case Text
Judgment text and source record
12 paragraphs
| THE REPUBLIC OF UGANDA | | |---------------------------------------------------------------------|-------------| | IN THE HIGH COURT OF UGAE<br>AT KAMPALA | | | M1SC・ CR・ APPL・ N0・ 185/1989 | | | BUMBAKALI | APPLICANT. | | VERSUS | | | UGANDA | RESPONDENT. | | llr・ Ag・ Justice<br>The Honourable<br>J. IY. N. Tsekq£k°一<br>BEFORE:- | |
## RULING
The accused is charged with the offence of Murder o/s 18方 of Penal Code• He first appeared in Court on the said charge on 2nd January, 1987 and has been on remand since then.
<sup>I</sup> gather from the learned State Attorney that V/andegeya police Station has not submitted to the D. P. P. the police file for perusal and decision as to the fate of the charges against the accused. He therefore does not oppose release on bail.
The accused has been on remand for an aggregate period of 38% months. There is no prospect of his being comitted to the High Court for trial soon.
In the ciroumstances the accused quolifies for release on bail in terms of Section 14a of the T. I. D. 197 as amended.
As the Attorney does not oppose the application the accused is released on bail on the following conditions:-
- (a) He shall deposit cash Shs. 50,000/= in Court. - (b) His tv/o surities are to be bound in the sum of Shs• 200,000/= not cash. - (c) Accused to report to Buganda Road Chief Magistrate <sup>&</sup>gt; s Court after every 30 days from the date he fulfills those conditions until his case is otherv/ise dealt with.
If he does not fulfill these conditions he is to go back on .
remand.
J. E'. N, TSEKOOKO
AG. JUDGE 19/3/1990.