Automated Summary
Key Facts
The applicants were charged with an economic offence under the Economic and Organized Crime Act (Cap 200) for leading organized crime. The Resident Magistrate's Court denied bail due to lack of value indication in the charge sheet. The High Court granted bail subject to conditions including cash deposit of Tshs. 10,000,000/=- per applicant, reliable sureties with identification, and compliance with good citizenship requirements during the case's pendency.
Issues
The court addressed the issue of granting bail to applicants charged with economic offenses under the Economic and Organized Crime Act (Cap 200), considering jurisdictional limitations in subordinate courts and the conditions required for bail under the Constitution and Criminal Procedure Act (Cap 20). The applicants sought bail pending investigation and trial, with the prosecution not opposing but requesting specific bail conditions to ensure their appearance.
Holdings
- Bail conditions include a cash deposit of Tshs. 10,000,000/=- or equivalent immovable property, one reliable surety with a locality/introduction letter, a bail bond of Tshs. 10,000,000/=-, and compliance with good citizenship to avoid bail cancellation.
- The applicants were granted bail after the court determined that no reason justified denying bail pending investigation and trial, despite the initial denial due to jurisdictional issues in the subordinate court related to the economic offense lacking a specified value.
Remedies
- The bail conditions must be verified and ascertained by the Deputy Registrar of the Court together with a State Attorney present.
- The applicants were granted bail pending the investigation and trial of the case, subject to the conditions outlined.
- Each applicant is required to deposit Tshs. 10,000,000 in cash or provide immovable property with a title deed or estimated value not less than Tshs. 10,000,000.
- Each applicant must have one reliable surety who provides an introductory letter from their area of locality or employer.
- Applicants are required to maintain good citizenship and avoid committing any offense punishable by a custodial sentence during the pendency of the case; otherwise, bail may be cancelled.
- Sureties must possess a valid identification document such as a Passport, National Identity Card, Driving Licence, or Voter's Card, with their details clearly recorded.
- Each applicant's surety is required to sign a bail bond in the amount of Tshs. 10,000,000.
Legal Principles
The court applied statutory provisions regarding bail for economic offenses, emphasizing the prosecution's failure to oppose the application and the conditions set for bail (cash deposit, sureties, and behavioral requirements).
Cited Statute
- Criminal Procedure Act (Cap 20 Revised Edition, 2019)
- Constitution of the United Republic of Tanzania, 1977
- Economic and Organized Crime Act (Cap 200 Revised Edition, 2019)
Judge Name
M.R. GWAE
Passage Text
- The applicants are therefore granted bail subject to fulfilment of the following conditions: 1. Each applicant shall deposit Tshs. 10,000,000/= or immovable property... 2. Each applicant to have one reliable surety... 3. Surety shall sign a bail bond... 4. Surety must have valid ID... 5. Applicant must remain a good citizen... 6. Conditions to be ascertained by Deputy Registrar and State Attorney.
- Basing on the fact that, the prosecution has not opposed this application in anyhow and that no reason which justifies this court to deny the applicants bail pending investigation and trial of the case. It follows therefore, this application is grantable.