Magino v Uganda (Criminal Application 1 of 2024)

The full judgment

Read the complete, verbatim text of this judgment.

Holding

The applicant sought bail pending the hearing and determination of his criminal appeal. At the hearing, counsel for the applicant, on instructions, applied to withdraw the application on the ground that the applicant's medical condition was best managed while in custody, supported by a letter to the Registrar and a Prisons medical report. The respondent did not object. The court accordingly dismissed the application under Rule 2(2) of the Rules of the Supreme Court without determining the merits of the bail application.

Facts

The applicant filed an application by Notice of Motion seeking to be released on bail pending the hearing and determination of his Criminal Appeal No. 45 of 2022 before the Supreme Court. The application was supported by the applicant's affidavit, and the respondent filed an affidavit in objection. At the hearing, counsel for the applicant, acting on the applicant's instructions, applied to withdraw the application, stating that this was due to medical reasons best managed while the applicant remained in custody, as set out in a letter to the Registrar of the Court dated 21 June 2024 together with a medical report of the Prisons Medical Superintendent. The respondent raised no objection to the withdrawal.

Orders

• Application for bail pending appeal dismissed under Rule 2(2) of the Rules of the Supreme Court following its withdrawal by the applicant.

Legislation cited (7)

• Rules of the Supreme Court r.6(2)(a)
• Rules of the Supreme Court r.42
• Rules of the Supreme Court r.43(1)
• Rules of the Supreme Court r.2(2)
• Constitution of the Republic of Uganda art.23(6)
• Constitution of the Republic of Uganda art.126(2)
• Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022 r.19