Asoka v. R. Misc. Crim. Cause 4-M-71; 20/4/71; Mnzavas Ag. J.

 Asoka v. R. Misc. Crim. Cause 4-M-71; 20/4/71; Mnzavas Ag. J.

The appellant appealed from the refusal of the Magistrate to grant bail pending the hearing of his case. He was charged with stealing Shs. 2,500,000/- the property of the Tanzania Government. The appellant was a Kenya a citizen and a director of a Uganda Company and owned substantial property in Uganda and Kenya. He had sureties of substantial means who were Tanzania citizens and owned property in Tanzania. Counsel for the Republic argued that the charge was a serious one and the appellant might be temped to “jump bail”, and that he had to homes one of which was in Uganda.

            Held; (1) “There can be no doubt that the offence with which the accused person is charged is a serious one. Equally, it is not at all in dispute that the accused is a stranger to this country. He is a native of Kenya with substantial business in Uganda. In these circumstances it is my view that it would be unsafe, indeed most unrealistic, to grant bail pending the hearing of the case. Granting of the application would be detrimental to the interests of justice.” [Citing ABDULLAH NASSOR. v. R. (1945) 1 T. L. R. page 289]. (2) Application refused.