[1994] UGHC 83
The court found that special circumstances existed for granting bail, as evidenced by the Certificate of No Objection from the State and the presentation of two substantial sureties. The court was satisfied that the accused would comply with bail conditions and return to answer the charges. Therefore, bail was...
Source-derived case information.
- Citation
- [1994] UGHC 83
- Parties
- Applicant: Mashukano Samba Rene; Respondent: Uganda
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Application 141 of 1993
- Procedural Posture
- Miscellaneous Criminal Application / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- Lugayizi, J
- Legal Topics
- Bail Application, Special Circumstances, Sureties, Certificate of No Objection
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mashukano Samba Rene
Applicant
Uganda
Respondent
Procedural Posture
Miscellaneous Criminal Application / Bail Application Ruling
Legal Issues
- 1 Whether special circumstances exist to justify release of the accused on bail under S.14A of the Trial Indictments Decree as amended.
- 2 Whether the sureties presented are substantial and sufficient to ensure the accused's return to court.
Ratio Decidendi
The court found that special circumstances existed for granting bail, as evidenced by the Certificate of No Objection from the State and the presentation of two substantial sureties. The court was satisfied that the accused would comply with bail conditions and return to answer the charges. Therefore, bail was granted subject to specific terms including execution of a bond, deposit of travel documents, and regular reporting to police.
Court Disposition
bail_granted
Orders
- The accused is to execute a bond in the sum of Ug.shs.300,000/- cash.
- The accused shall deposit his passport or other travel documents with the Deputy Registrar (Criminal) of the High Court.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF UGLNDA AT KAPPALA MISC. CRIMINAL APPLICATION NO. 141/93 (ARISING FROM BUGANDA ROAD COURT CRIMINAL CASE NO. U. $1714$ OF $1993$ :
MASHUKANO SAMBA RENE :::::::::::::::::::::: APPLICANT VERSUS
UGANDA ::::::::::::::::::::::::::::::::::: **BEFORE:** THE HON. MR. JUSTICE E. S. LUGAYIZI:
$R$ U L I N G:
Having heard from both counsel, and bearing in mind the fact that the State does not oppose this application and has in fact released a Certificate of No Objection in favour of the accused (which Certificate is herein marked as With.3). I am satisfied that special circumstances do exist (within the meaning laid down in S.14A of the T. I. D. as amended by Statutes No.5 of 1985 and 5 of 1990) to justify this court releasing the accused on bail.
I have further examined the two sureties produced before me in this case and I believe they are substantial and will ensure the accused's return to court to answer the charges herein.
## ORDER:
I therefore order that the accused be released on bail on the following terms:-
- He is to execute a bond in the sum of Ug.shs.300,000/-1. CASH. - He shall deposit his passport or other travel documents $\mathbf{2}$ . with the Deputy Registrar(Cr.) of the High Court. - He shall report to the Central Police Station once $3.$ a month (i.e. on the 20th of each month - beginning with January, 1994) until his case is finally disposed of or this order is varied.
$500/2000$
all.
E.3. Lugayizi AG., J <sup>U</sup> <sup>D</sup> *GE*
Mr. Elubu for the State<sup>d</sup> Apjlicant/Accused present. Mi's. Kamukama Court/Clcrk. Court: Ruling road out.
S. S. Lugayizi
AG. J <sup>U</sup> <sup>D</sup> <sup>G</sup> <sup>E</sup> 4/2/1994.