Maliki v R (Misc. Criminal Application 5 of 2018) [2018] MWHC 980 (26 February 2018)

. / Jo!Jiiu ivio!iki v The Reµubflc Miscelion eous Criminal Application No. 05 of 2018 Mzf-/C Boii applicotion !QH CCtJRT THE REPUBLIC OF MALAV\fi iN THE HIGH COURT OF MALA\l\fl MZUZU DISTRICT REGISTRY MISCELLANEOUS CRIMINAL APPLICATION NO 05 of 2018 Bail Application BETWEEN •'..'.lb· 1• 00 11u rv1 1iki t 1a1.. ... .. . . .. . ... . .. . . . .. .. . .. . .. . . .. . .. . .. . .. . . .. .. . . . .. .. .. .. ... pp 1can A 1· -and- The Republic ... .............. ... ....... .. ... ..... .. ... .... ... .. .... ... .... ...... .... .. Respondent Coram: The Honourable Justice D. A. DeGabrieie Mr 'u"1 c-i,.~;b,· . . vile/.! JU Mr. J. Duke Ms. Munthall Mrs Chin.va for the State for the applicant Court Clerk Court Reporter RUUNG This matter comes for a bail application pursuant to section 12 of the Bail Guidelines Act, section 118 of the Criminal Procedure and Evidence code and section 42 (2)(e) of the Constitution of the Republic of Mala\ivi. The applicant fi!ed an affidavit in support of the application and the State filed an affidavit in opposition. - , . ! ne appncam wno nErns rron1 V1tangarnr<.a . L,age, I CniKu arnayen1 e 1n -;A - I \/'ll b I ,. •• ·1 r • I ' r .. ., since then. He has been in custody - . L Jabilu Maliki v The Republic Misceiianeous Crim/no/ Application No. 05 of 2018 MzHC Bail application his application is mans laughter. However, the State is seeking that the matter should be set down for trial. While the Applicant is entitled to be released on bail, the right to be released on bai! is not an absolute right but has to be granted subject to the interest of justice in accordance to Section 42(2)(e) of the Constitution of the Republic of Malawi and Section 1 of Part II of the Bail (Guidelines) Act, and the case of Fadweck f.llvahe v The Republic fi/lSCA Criminal Appeal No. 25 of 2005. The applicant herein was arrested on 31st January 2010. According to section 161 (G) of the Criminal Procedure and Evidence Code the pre-trial custody limit of 90 days has been exhausted and the State has not made any application to extend that time !imit. Having heard submissions made in Court and having read the affidavits as " filed, l find that it is in the interest of justice that the applicant be granted bail on the follov1ing conditions : 1. The applicant rnust pay MKS0,000.00 cash into Court; 2. The applicant must have two honest and reliable sureties with integrity, bonded at MK100,000.00 each, not cash; 3. The applicant must report at the nearest police once every tvvo weeks, on Mondays before 12 noon ; 4. The an,~,olicant shouid not !eave his vil!aqe without takina leave of the ~ '-" I Officer in Charge of the said nearest police station where he \Nill be • repotiing; Court; n1ust surrendei· any travel documents to the High - 6. The examination of sureties wiil be done before the Registrar. Ti i ne me 11as sui)n :!(Lea 11,aL It e rnaci:er snoui . ,.,·a 'h , f ! i 'h ~· St , ' 'd b 1e set OO\Nn Tor trial. c , ' Jabilu A!Ja/iki v Th e Rep uhlic Miscelianeous Criminal Application No. OS of 2018 MzHC Bail application a. Th e State and the investigators must conclude all necessary procedures for the trial to commence and these include; finalising the investigations, filing and serving disclosures and the charge sheet, observation of and compliance with the provisions under Chapters VIII or IX of the Criminal Procedure and Evidence Code b. The matter must be set down for trial in the Richard Banda Sitting of 2018 . The applicant 1s at liberty to make an application to have the matter discharged under the law if the State has failed to fulfil the conditions outlined above . Made in Charnbers this 25th day of February 2018 - nW1il'i ~-h1\t1 D. A. DE:.~BRIELE JUDGE -