[2019] UGHCCRD 19
The court found that the applicant is charged with a bailable offence and presented responsible sureties who will ensure his return to court. The applicant has a fixed place of abode and family responsibilities, and there was no objection from the state. In view of the presumption of innocence and satisfaction of...
Source-derived case information.
- Citation
- [2019] UGHCCRD 19
- Parties
- Applicant: Mugisha Ronald; Respondent: Uganda (DPP)
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- HCT – 01 – CR – CM – NO – 050 OF 2018
- Procedural Posture
- Criminal Miscellaneous Application / Bail Application Ruling
- Outcome
- bail_granted
- Judges
- Masalu Musene, J
- Legal Topics
- Bail Application, Presumption of Innocence, Trial on Indictments, Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mugisha Ronald
Applicant
Uganda (DPP)
Respondent
Procedural Posture
Criminal Miscellaneous Application / Bail Application Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail for the offence of rape.
- 2 Whether the applicant has presented substantial sureties and satisfied bail conditions.
- 3 Whether granting bail is in the interest of justice.
Ratio Decidendi
The court found that the applicant is charged with a bailable offence and presented responsible sureties who will ensure his return to court. The applicant has a fixed place of abode and family responsibilities, and there was no objection from the state. In view of the presumption of innocence and satisfaction of statutory requirements, the court held that this is a fit and proper case to grant bail to the applicant, subject to specified conditions.
Court Disposition
bail_granted
Orders
- Applicant to deposit a sum of Shs. 500,000/= cash in Court.
- Each surety to execute a bond of Shs. 1,000,000/= not cash.
Full Case Text
Judgment text and source record
20 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COUT OF UGANDA AT FORT PORTAL**
**HCT – 01 – CR – CM – NO – 050 OF 2018**
**(Arising from FPT – 00 – CR – AA – No. 212 of 2018)**
**MUGISHA RONALD .............................................................................. APPLICANT**
**VERSUS**
**UGANDA (DPP).................................................................................. RESPONDENT**
**BEFORE: HIS LORDSHIP MR. WILSON MASALU MUSENE**
**Ruling**
The Applicant, Mugisha Ronald applied for bail under **Article 23 and 28** of the Constitution of the Republic of Uganda, 1995, **Sections 14 and 15** of the Trial on Indictments Act, **Rule 2** of the Judicature (Criminal Procedure) (Application) Rules
The Applicant was represented by M/s Nakagga & Co. Advocates and Wasswa Adam appeared for the Respondent. The general grounds in support are stated in the Notice of Motion but briefly are:-
1. The offence (rape) with which the Applicant us charged with is bailable by this Honourable Court. 2. The Applicant has substantial sureties ready to stand for him and abide by the bail terms set. 3. The Applicant has a fixed place of abode within the jurisdiction of this honourable Court. 4. The Applicant shall abide by all bail terms set by the honourable Court. 5. The Applicant has family responsibilities and obligations required of him. 6. It is in the interest of justice that this application is allowed.
The two sureties are Mutegeki Adolf and Kabasemera Hilda. The state had no object ion to the bail application.
Since the sureties appear responsible persons who will ensure the accused returns to Court to stand trial, and in view of the presumption of innocence as provided under **Article 28(3)** of the Constitution of the Republic of Uganda, 1995, I find and hold that this is a fit and proper case to grant bail to the Applicant.
I therefore, do hereby grant bail to the accused on the following conditions;
1. Applicant to deposit a sum of Shs. 500,000/= cash in Court. 2. Each of the sureties to execute a bond of Shs. 1,000,000/= not cash. 3. Applicant to be reporting to the Assistant Registrar of this Court once in a month till trial, starting on 22/2/2019.
**........................................**
**WILSON MASALU MUSENE**
**JUDGE**
**24/1/2019**