Banda v R (Misc. Criminal Application 38 of 2017) [2018] MWHC 875 (19 November 2018)

Joe Banda v The Republic Miscellaneous Criminal Application No .18 of 2017 Boil opp/icotion THE REPUBLIC OF MAL. AWi IN THE HIGH COURT OF MALAWI MZUZU DISTRICT REGISTRY MISCELLANEOUS CRIMINAL APPLICATION NO 38 OF 2017 Bail Application Joe Banda .. .. .... ... .. .. ... .... ............. .... ... ..... ..... ............... .... ... ..... Applicant Between And The Republic ..... .... .. ...... .................. ..... ....... .......................... ..... .-. Respondent Coram: The Honourable Justice D. A. DeGabriele Mr Darlington Shaibu Mr. Newton Mdazizira Ms. Muntha!i Mrs Msimuko DeGabriele, J for the State for the applicant Official Interpreter Court Reporter · RULING This matter comes for a bail application pursuant to section 16(6) of the Statute Laws (Miscellaneous Provisions) Act, section 1 ·1 s of the Criminal Procedure and Evidence code and section 42 (2 )(e) of the Constitution of the Republic of Maia\Nl. Th e applic2.nt filed an affidavit in support of the application and the State fiied an affidavit in response. The applicant, v.;ho comes from Ben Chimseu Village, T/A f<wataine in l\!tche u District, \Vas arresteci and incarcerated in the year 20'15 on allegation that he committed a horn;cide. He has not been brought to tria l and the State is not sure Joe Bonda v The Republic Miscellaneous Criminal Application No.18 of 2017 Boil application of the time when the applicant will be brought to trial . The applicant is seeking to be released on bail with or without 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 filed, I find that it is in the interest of justice that the applicant be granted bail on the following conditions: 1. The applicant must pay MK50,000.00 cash into Court; 2. The applicant must have two sureties 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 applicant should not leave his village 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 Court; 6. The examination of sureties vvill be done before the Registrc=;r. It is so ordered. Made in Chambers this 19th day of May 2017 <,,~~ D. A. DEG!-\ t~LE JUDGE 2