Court name
High Court of Tanzania

Fidelis Tindwa vs Republic () [1985] TZHC 8 (06 April 1985);

Law report citations
1985 TLR 130 (TZHC)
Media neutral citation
[1985] TZHC 8
Coram
Msumi, J.

Msumi, J.:  Applicant stands charged in the District Court of Songea B with one count of cattle theft contrary to sections 265 and 268(1) and (3) of the Penal Code.  This is an economic offence as listed in the First Schedule of the Economic and Organised Crime Control Act No. 13 of 1984.  The  sanction of the Director of Public C Prosecution for the arraignment of the applicant before this court sitting as an Economic Crimes Court has not yet been obtained.  The applicant is thus requesting to be released on bail pending the said sanction of the Director of Public Prosecution.  But erroneously the learned defence counsel, Mr. Haule who prosecuted this application on D behalf of the applicant has filed the Chamber Application under section 35(1) of the Economic and Organised Crimes Act.  With respect, this is wrong.  Application for bail under section 35(1) is only entertainable by this court when sitting as an Economic Crimes Court.  And the composition of such court is one High Court Judge plus two lay members.  And secondly bail application under section 35(1) is sought after accused has E been arraigned in the economic court.  The application ought to have been filed under section 29(4) of the Act.  I am of the opinion, however, that this error did not cause any embarrassment to the prosecution.  But the learned defence counsel is warned to take note to this exposition of the law for his future guidance. F
It has been deposed in the affidavit that applicant is a man with known place of abode and has some reliable persons who are ready and able to stand surety for him.  And the applicant has been in remand custody since December last year.  In the prevailing circumstances it is quite likely that it will take longer time before accused is committed G for trial before this court.  The learned Senior State Attorney who appeared for the Republic had nothing to say either against or in support of the application.  He said he had no communication from the police in Songea hence he is ignorant of the whole case.
From what has been deposed so far, I am certain that accused will appear in court for H his trial if he is released on bail.  I am farther of the opinion that it is not for interest of justice that he should continue to be in incarceration.  This application is therefore granted.  Accused is granted bail on the following conditions.  He should execute a bond of Shs. 50,000/= and produce two reliable sureties who will each sign a bond of Shs. I 50,000/=.  Accused and his sureties to appear before the Resident

Magistrate in charge Ruvuma for the execution of the bonds. A
Application allowed.

B