Mtonga v R (Misc. Criminal Application 74 of 2017) [2017] MWHC 820 (30 November 2017)

Falesi fv1tonga v The Republic f./iis celianeous Cri,ninal Application No. 74 of 2017 Boil cpplication THE REPUBLIC OF MALAWi !N THE HIGH COURT OF MALAVVI MZUZU DISTRICT REGISTRY MISCELLANEOUS CRIMINAL APPLICATION NO 74 of 2017 Bail Application BETVVEEN ' alee:. ' M•,.,no~ r . .... .....,I ~.s L,_, v ct . . .. ... . ..... . . . .. . . .. .. .. . . . . ......... . .. ... .. . .... . . . .. . .. ... . .. . .. . .... , \ t:.pp 1;c,..,,..,t ti os, The Re pub lic ..... ........ ..... .... .... ...... ... ..... ...... .. ... ....... ...... ......... ..... .. Respondent -and- Coram : The Honourable Justice D. A. DeGabrir..,!e fvir Darli ngton Shaibu Mr. Kadzipatike Ms. Muntha!i Mrs Chirwa for the State for the appli cant Official Interpreter Court Reporter RUUNG This matter con\eS for a bail application pursuant to section 12 of the Bail C'Jui·deifnes /\ct) section "1 i 8 of ihe Crin1inal Procedure and Evidence code and an affidavit in suppc,tt OT rne a:pplic2t·Dn and the; State filed an afficJavit ·in response . The appiicant, - - Fole;;i Mtongo v Th e Repu blic M iscella neous Crim ino ! Applica tion No. 74 of 201 7 Beil application brought to trial and the State is not sure of the time when the applicant will be brought to trial. The applicant is seeking to be released on ba il w ith or with out conditions and as the Court deems fit In their response the State does not object to the granting of bail, bearing in mind that the applicant has overstayed on remand. However, the State prays that strict conditions be set , which conditions will compel the applicant to attend trial. Having heard submissions made in court and having read the affidavits as fil ed, I find that it is in the interest of justice that the applicant be granted bail on the follovving conditions: ·1 . The applicant must pay MK50,000.00 cash into Court; 2. The applicant must have two honest and reliable sureties with integrity, bonded at MK50,000.00 each, not cash; 3. The applicant must report at the nearest police once every two weeks, on Mondays before 12 noon; 4. The appi:cant should not leave his vii!age without taking leave of the Officer in Charge of the said nearest police station where he will be reporting; 5. The applicant must surrender any travel documents to the High Court; 6. The examination of sureties will be done before the Registrar. It is so ordered. Made in Chambers this 30th day of November 2017 • - 2