Magino v Uganda (Criminal Application 1 of 2024) [2024] UGSC 36 (31 July 2024)

Full Case Text

## THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA

#### AT KAMPALA

#### (CORAM: CHIBITA, JSC;)

#### CRIMINAL APPLICATION NO. OO1 OF 20.24

MAGINO JOSEPH APPLICANT

#### VERSUS

# o r5 UGANDA:::::::::::::::::::::::::::::: ::::RESPONDENT

lAlr appllcatlon Jor ball pendlng appeal arlsing from, crlmlntrl appeal No. 45 of 2O22)

-t5

### RULING OF MIKE J. CHIBITA, JSC

25 The applicant filed this application by Notice of Motion under the provisions of Rules 6(21(al, 42, 43(ll of the Rules of this Court, Article 23(6) and 126(21 of the Constitution of the Republic of Uganda and Rule 19 of the Constitution (Bail Guidelines for Courts of Judicature) (Practice)Directions, 2022, seeking that the applicant be released on bail pending the hearing and determination of his Criminal Appeal No.45 of 2022 by this Court.

30 The application was supported by the grounds set out in the affidavit of the applicant. The respondent filed an affidavit in objection to this application.

At the hearing of the application, Mr. Andrew Ssebugwawo represented the applicant, while Ms. Ainebyona Happiness, Chief State Attorney represented the respondent.

IO Counsel for the applicant however, applied to withdraw this application as instructed by the applicant. This, he stated, was due to medical reasons best managed while in custody as elucidated in a letter to the Registrar of this Court dated 2l"t Jwne, 2024 together with the medical report of the Prisons Medical Superintendent. There was no objection from the respondent. In the premises this application is dismissed under Rule 2(2) of the Rules of this Court.

3\ sl Dated at Kampala this day or. J.9.!y.zoz+.

MIKE J. CHIBITA JUSTICE OF THE ST'PRTME COURT

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