Muwanga Salleh v Uganda [1994] UGHC 197

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted bail to an accused person charged with issuing a false cheque under section 14A of the Trial on Indictments Act. The court held that HIV/AIDS constitutes grave sickness within the meaning of the statute and that the applicant's medical condition could not be properly attended to in prison. Bail was granted with cash bond and sureties, subject to monthly reporting requirements.

Outcome

Applicant released on bail pending trial

Facts

The applicant was charged with issuing a false cheque contrary to section 364(1)(b) of the Penal Code Act. He applied for bail under section 14A of the Trial on Indictments Act on the ground that he was suffering from grave sickness. The applicant produced medical evidence showing he had tested positive for HIV. In court, the applicant appeared in a terrible condition, too weak to stand. The state counsel did not oppose the application and left the matter to the court's discretion.

Issues

1. Whether the applicant satisfied the conditions for bail under section 14A of the Trial on Indictments Act on grounds of grave sickness.

Orders

• Application for bail granted.
• Applicant to deposit cash bail bond of UGX 50,000.
• Applicant to produce two sureties approved by the District Registrar, each to sign a bond of UGX 100,000 (not cash).
• Applicant to report to the Chief Magistrate's Court at Jinja once monthly starting 15 April 1994 at 9:00 AM until disposal of the case or further court order.

Rules and key headnotes

Legislation cited (2)

• Trial on Indictments Act s.14A
• Penal Code Act s.364(1)(b)

The original judgment as reported. Read the original PDF before relying on any passage.