Singh v. R. Crim. App. 829-Musoma-70; 15/1/71; Kisanga, Ag. J.

 

Singh v. R. Crim. App. 829-Musoma-70; 15/1/71; Kisanga, Ag. J.

The appellant was convicted of stealing by a person employed in the Public service contrary to sections 270 and 265 of the Penal Code. He appealed and applied for bail pending the hearing of the appeal.

            Held: [Following Attilio Mosca v. R. (D’ Salaam Miscellaneous Criminal Case No. 12/68, and Hassanali Valji v. R., (1968) H. c. D. 174] “I have had the opportunity of perusing the record of proceedings and the judgment in this matter and it would seem to me that the essential question to be determined on appeal depend largely, if not entirely, on the credibility of prosecution witnesses and that of the applicant. The advocate for the appellant added that he release of the applicant on bail pending appeal would be of some use and assistance in that it would enable him to prepare for the said examination during the coming December. I agree that the release of the applicant might be useful in enabling him to prepare for the said examination; I am not persuaded that this would constitute a special or exceptional circumstance which should warrant his release pending appeal. There is no overwhelming chance of the appeal succeeding, and there are no special or exceptional circumstances to justify granting the application especially as the applicant was convicted of a scheduled offence.’ (2) Application was refused.