Mwafulirwa v R (Misc Criminal Application 72 of 2017) [2017] MWHC 900 (30 November 2017)

Vuko Mwafulin·va v The Republic Miscellaneous Criminal Application No. 72 of 2017 Boil application ,SRP,R··~ THE REPUBLIC OF MALAVV! IN THE HIGH COURT OF MALAVl/1 MZUZU DISTRICT REGISTRY MISCELLANEOUS CRIMINAL APPLICATION NO 72 of 2017 Bail Application Vuka Mwafu!irwa .. .. ....... ....... .. ...... .... .......... ... .... .. ..... .... .. ..... ......... Applicant BETWEEN -and- The Republic ............ ..... ...... ........ .. ... .............. ..... ........................ . Respondent Coram : The Honourable Justice D. A. DeGabrie!e Mr Darlington Shaibu Mr. Nyirenda Ms. Muntha!i Mrs Chirvva DeGabrief e, J for the State for the applicant Official Interpreter Court Reporter RULING This matter comes for a bail app!ication pursuant to section 12 of the Bai! Guidelines Act, section 118 of the Criminal Procedure and Evidence code and section 42 (2)(e) of the Constitution of the Republic of Malawi. The applicant filed I an affidavit in support of the application and the State filed an affidavit in response. - The applicant, who co1T1es from Karntembo Village, TIA Mwilang'ombe in l<aronga District, was arrested and incarcerated on gth July 2017 on allegation that he committed a hornicide . He is remanded in prison and he has not been Vulw Mwafulirwo v Th e Republic l'viiscel!aneous Criminal Application No. 72 of 2017 Boil 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 bail with or without conditions and as the Court deems flt. In its 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 wil! 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 MK60,000.00 cash into Court; 2. The applicant must have two honest and reliable sureties with integrity, bonded at MK60,000.00 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 viliage without taking leave of the Officer in Charge of the said nearest police station where he wiil be reporting; 5. The applicant must surrender any travel documents to the High Court; 6. The examination of sureties w ill be done before the Registrar. It is so ordered . Made in Chambers this 30th day of November 2017 - _,,.- ~ -. ----·····- "" '' ·---~ r--11 l ,. · il'''.·lf'! \ '/f '1.- l D. A. DE~~r:ziELE JUDGE . •