Salumu Ngalanda vs Republic (Miscellaneous Criminal Application No.24 of 1998) [1998] TZHC 2242 (21 December 1998)

·KAJI J· L';. • .• '\1 • • • . ~ . • • • . • . • .• • ;. : ... :' • • ' ..... r-ttsdELLAioous CRIMINAL APPLICAT!ON NO'e €4 'ot 8 . !n the iatter of an applicatibn fot · Bail; pending a.peal . ·'ahd in the Matt.er of Mtwara.,High Cot Criminal. Appeal Ifo.;, ,54 of 19.9~. . · ±ri the Mttkr. of I4twara Distf-ict Court Criminal. Case No. 316 of 1998 • l ,· :·- . , . :• ·.:; - - ... SAtUMU NGALANDA.; ·.,. o o o o.;., •• •• APPLICANT vctsus: Tlhi .REPUBLIC 0-~~--. 0 f) 0 •• O a O ootlli:SP~- R .l!_ L,I N G

.. \ . he appliot sAtUMU NGALANDA was 61'larg~ with obt~[fi~ "Cl-edit b;y false :r-etence c/s 30(1) of the Penal Code Cap 16~ 'lie :w1t'i'l1':ieted and sentrice to 12 months imprisonment. He was aggrieved. He lodged his appeal_bfore this Court. rt" is·Criminal Appeal No. 54 of 1998. While his ppeal is stll pending he has filed this application for the reasons contained in his affidavit. The learned State Attorney Mr. Mtinangi ho represehted the R'bilic at the hearing of this application had no objection in that the pending appeal has ovefi1helming chances of successo Upon perusing the applicant's affidavit, and upon hearing his otal subission ·:md lh~"'t of 'the l"@urned State 'Attorney who had no objection with this application, and upon perusing carefully tho record of the trial Court and the pending appeal, I have beert satisfied that the applicant's pending appeal has overwhelming chances of success. There is nothing indicating that there was any fraud or false pretence on the part of the applicant. The plea was also equivocal which could not warrant a plea of guilty. For the above reasons this application is granted under s. 368(1)(a) (i) of the Criminal Procedure Act 1985. While criminai appeal No. 54 of 1998 is pending the applicant ·,is .. '• . hereby released on bail under the following conditions:-

~ .. ; '. 0 r,. ? - g i~-\o -ii¢ a bijj bond- o:f 70.0001- He must have a· reliab+e surety who mii.st also si_gn a. bail .bond of 70000/ .. The appl:i.cant to surrender to the police through the Court .·. hi~ passport and any travel documents ( if a.>1y) He i:S prohibited frqm travellb.g outs1.de Htwara .and Lindi Regi;rls without prior perriiissioh by this Court in writinga In case of change of ·residence he must not1fy this Court in writing. His appeal will be heard on a date to be fixed later. He will be 11otified·. /\ ,' ! S. f-i. KAJI J'JDGE 21,12~98.