[1990] UGHCCRD 12
The court found that the accused had been on remand for an aggregate period of 38 months without any prospect of being committed for trial soon. The prosecution did not oppose the bail application, and the law provides for release on bail in such circumstances. Therefore, the accused qualifies for bail under Section...
Source-derived case information.
- Citation
- [1990] UGHCCRD 12
- Parties
- Applicant: Bumbakali; Respondent: Uganda
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No.185 of 1989
- Procedural Posture
- Miscellaneous Criminal Application / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- Tsekooko, J
- Legal Topics
- Bail Application, 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 Criminal Application / Bail Application Ruling
Legal Issues
- 1 Whether the accused qualifies for release on bail given the prolonged remand period.
- 2 Whether there is any opposition to the bail application from the prosecution.
- 3 What conditions should be imposed for bail in a murder case.
Ratio Decidendi
The court found that the accused had been on remand for an aggregate period of 38 months without any prospect of being committed for trial soon. The prosecution did not oppose the bail application, and the law provides for release on bail in such circumstances. Therefore, the accused qualifies for bail under Section 14a of the Trial on Indictments Decree 1971 as amended, subject to specified conditions to ensure his appearance and compliance with court directives.
Court Disposition
bail_granted
Orders
- The accused shall deposit cash Shs. 50,000 in Court.
- Two sureties 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.