[2023] UGSC 14

[2023] UGSC 14

The Supreme Court held that the applicant, having been convicted by two lower courts, is no longer shielded by the presumption of innocence. The constitutional provisions cited by the applicant pertain to bail pending trial, not appeal. The applicant failed to prove exceptional and unusual circumstances warranting bail pending appeal. The medical report did not establish that the prison facility was incapable of treating his ailments, and thus ill health was not an exceptional circumstance. The offences of embezzlement, forgery, and uttering false documents are serious financial crimes involving breach of trust and substantial sums, and their gravity outweighs factors such as advanced age...

Citation
[2023] UGSC 14
Parties
Applicant: Rajiv Kumar Sabharwal; Respondent: Uganda (Director of Public Prosecutions)
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
6 April 2023
Procedural Posture
Miscellaneous Application / Application for Bail Pending Appeal Before the Supreme Court
Outcome
application dismissed
Judges
Tibatemwa-Ekirikubinza, JSC
Legal Topics
Bail Pending Appeal, Exceptional Circumstances, Conviction and Sentence, Embezzlement, Forgery, Utterance of False Documents
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Exceptional Circumstances Conviction and Sentence Embezzlement Forgery Utterance of False Documents

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Parties

Rajiv Kumar Sabharwal

Applicant

Uganda (Director of Public Prosecutions)

Respondent

Procedural Posture

Miscellaneous Application / Application for Bail Pending Appeal Before the Supreme Court

Legal Issues

  1. 1 Whether the applicant has proved exceptional and unusual circumstances warranting grant of bail pending appeal.
  2. 2 Whether the applicant's health condition qualifies as an exceptional circumstance for bail.
  3. 3 Whether the seriousness of the offences and likelihood of success of the appeal justify bail pending appeal.

Ratio Decidendi

The Supreme Court held that the applicant, having been convicted by two lower courts, is no longer shielded by the presumption of innocence. The constitutional provisions cited by the applicant pertain to bail pending trial, not appeal. The applicant failed to prove exceptional and unusual circumstances warranting bail pending appeal. The medical report did not establish that the prison facility was incapable of treating his ailments, and thus ill health was not an exceptional circumstance. The offences of embezzlement, forgery, and uttering false documents are serious financial crimes involving breach of trust and substantial sums, and their gravity outweighs factors such as advanced age...

Court Disposition

application dismissed

Orders

  • The application for bail pending appeal is dismissed.
  • No findings are made regarding the sureties presented before Court.