Mashukano v Uganda (Criminal Miscellaneous Application 141 of 1993) [1993] UGHC 76 (20 December 1993)

Hon Mr. Justice F. M. S. Egenda-Nifende

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA MISC. CRIMINAL APPLICATION NO. 141/93 (ARISING FROM BUGANDA ROAD COURT CRIMINAL CASE NO. U. 1714 OF 1993):

MASHUKANO SAMBA RENE :::::::::::::::::::::: APPLICANT VERSUS

UGANDA ::::::::::::::::::::::::::::::::::: BEFORE: THE HON. MR. JUSTICE E. S. LUGAYIZI:

## RULING:

Having heard from both counsel, and bearing in mind the fact that the State does not oppose this application and has in fact released a Certificate of No Objection in favour of the accused (which Certificate is herein marked as Exh.3). I am satisfied that special circumstances do exist (within the meaning laid down in S.14A of the T. I. D. as amended by Statutes No.5 of 1985 and 5 of 1990) to justify this court releasing the accused on bail.

I have further examined the two sureties produced before me in this case and I believe they are substantial and will ensure the accused's return to court to answer the charges herein.

## ORDER:

I therefore order that the accused be released on bail on the following terms:-

- He is to execute a bond in the sum of Ug.shs.300,000/= $1.$ CASH. - He shall deposit his passport or other travel documents $2.$ with the Deputy Registrar(Cr.) of the High Court. - He shall report to the Central Police Station once $3.$ a month (i.e. on the 20th of each month - beginning with January, 1994) until his case is finally disposed of or this order is varied.

$000/2000$

The accused person's sureties shall execute a bond in the sum of Ug\* shs\*1m/= each NOT. CASH\*

/Although the offence with which the accused was charged is a very serious one carrying <sup>a</sup> severe sentence of ten years' (10) imprisonment, in laying down the conditions to be met by the accused before he is to be released on bail, I have been compelled not to be harsh because of the circumstances surrounding the commission of the offence\* For example counsel for the accused submitted (and it was not refuted by the State) that there was an understanding between the accused and the complainant that the cheque in issue was to be taken only as another guarantee but was not to be presented\* However, the complainant did not honour that\*

All in all, I now send this file to the Deputy Registrar (Cr«) High Court of Uganda to ensure compliance with the details of the above order\*

E\*S\* Lugayifci'- Ji

## 20/12/95«

## 20/12/9?:

Accused present\*

Mr\* Nsubuga-Mubiru for Accused\* Miss Stela Nkwasibwe for the State\* Mr\* Byamugisha Court/Clerk\*

EoS\* Luga^izl j

AG\* JUDGE 20/12/95°