Dastan Mgani & Others vs Republic (Misc. Criminal Application 36 of 2016) [2016] TZHC 2069 (7 December 2016)

IN THE HIGH COURT OF TANZANIA AT IRINGA MISC. CRIMINAL APPLICATION NO. 36 OF 2016 (O riginal from Ludewa D istrict Court a t Njombe P I No. 6 o f 2015)

1. DASTAN MGANI T
2. FELIS S/O MGAYA V ..........................APPLICANTS
3. ALAM S/O MGANI J VERSUS THE R EPU B LIC ................................... RESPONDENT RULING 7 th DECEMBER, 2016 R. K. SAMEJI, 3. The applicants herein, to wit, FELIS MGAYA, DASTANI MGANI and ALAM MGANI have been charged with the offence of Manslaughter contrary to Section 195 and 198 of the Penal Code, [Cap 16 R.E. 2002] in Crim inal Session Case No. 39 o f 2016. The said applicants have filed this Application seeking for grant of bail pending the trial of the said Criminal case. This Application has i

been filed under Section 148 of the Criminal Procedure Act, [Cap 20 R.E. 2002] and duly supported by three affidavits deponed by each and every applicant. It is clear that, the offence of Manslaughter which they were charged with is bailable in law. In their submissions, the applicants have informed the Court that, they have been in custody waiting for their trial, for almost one (1) year and five (5) months. They have further stated that, if granted bail, they will abide to the terms and conditions of the bail to be issued by the Court. Furthermore, they have all promised to provide reliable sureties as indicated in their Affidavits. On her side, Ms. Happiness Flavian, the learned State Attorney, who appeared for the respondent/republic had no objection to the Application, but only requested the Court to impose reasonable bail conditions, which will enable the applicants to be available when required by the Court. Ms. Flavian also requested the Court to ensure that, the applicants are providing reliable sureties as indicated in their Affidavits.

In the circumstances and for the foregoing reasons, I see there is no reason and justification for me to refuse this Application. The Application is tenable in law and it is hereby granted on the following conditions:- (a) Each Applicant sh all execute a bound o f TShs. 2,000,000/= with two reliable sureties in the Hkesum. (b) The said two sureties • fo r each o f the applicant sh all be approved by the Deputy Registrar, High Court Iringa. The said sureties m ust be residents o f Iringa Region. (c) AH Applicants are not allow ed to travel outside Iringa High Court Zone during the pendence o f the case w ithout a p rio r w ritten consent from the Deputy Registrar High Court Iringa. (d) The applicants sh all be required to report before the Deputy Registrar, High Court Iringa, once p er month or as the Deputy Registrar sh a ll direct till the fin a l decision o f the pending case.

It is so ordered. R. K. Sameji JUDGE 7/12/2016 4