[2019] UGHC 2

[2019] UGHC 2

The court held that bail pending appeal is a discretionary right, but the applicant is entitled to apply for it. The legal basis is the presumption of innocence, which persists until the final appeal is determined. The applicant, though a convict, is a first offender and the conviction did not involve personal violence. The court found that the applicant fulfills most conditions for bail pending appeal, as established in Chandi Jamwa v. Uganda and Arvind Patel v. Uganda. The suitability of the sureties was questioned due to differing addresses, but the court found no rule against such arrangements and determined that the combined influence of the four sureties should be sufficient to...

Citation
[2019] UGHC 2
Parties
Applicant: Walusimbi Mansur; Respondent: Uganda
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
13 May 2019
Case Number
Crim. Misc. Application No. 09 of 2019
Procedural Posture
Criminal Miscellaneous Application / Bail Pending Appeal
Outcome
bail_granted_on_conditions
Judges
Luswata, J
Legal Topics
Bail Pending Appeal, Presumption of Innocence, Surety Requirements
Source Language
English
Criminal Law Bail Pending Appeal Presumption of Innocence Surety Requirements

Case Brief

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Parties

Walusimbi Mansur

Applicant

Uganda

Respondent

Procedural Posture

Criminal Miscellaneous Application / Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending appeal.
  2. 2 Whether the sureties presented are sufficient and suitable.
  3. 3 What conditions should be imposed for bail pending appeal.

Ratio Decidendi

The court held that bail pending appeal is a discretionary right, but the applicant is entitled to apply for it. The legal basis is the presumption of innocence, which persists until the final appeal is determined. The applicant, though a convict, is a first offender and the conviction did not involve personal violence. The court found that the applicant fulfills most conditions for bail pending appeal, as established in Chandi Jamwa v. Uganda and Arvind Patel v. Uganda. The suitability of the sureties was questioned due to differing addresses, but the court found no rule against such arrangements and determined that the combined influence of the four sureties should be sufficient to...

Court Disposition

bail_granted_on_conditions

Orders

  • The applicant shall deposit a cash bail of Shs. 500,000 in court before release.
  • Each surety shall execute a non-cash bond of Shs. 1,200,000.