Wakilii

Sunday Mibulo v Uganda (Misc. Cr. Appl. No. 248 1989)

High Court · [1990] UGHC 9 · 1990 Bail Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Bail application by accused remanded for 33 months on charges of simple robbery and rape
Decision
Applicant released on bail subject to specified conditions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that despite the applicant lacking his own house or land, the prolonged remand period of 33 months and absence of a police file at the DPP justified bail. The applicant qualified for release under s.14A of the Trial on Indictments Decree 1971 as amended. Bail granted subject to cash deposit, sureties, and periodic reporting conditions to ensure appearance at trial.

Outcome

Applicant released on bail subject to specified conditions

Facts

The applicant, Sunday Mibulo, aged 25, was charged with two counts of simple robbery contrary to sections 272 and 273(1)(a) of the Penal Code and one count of rape contrary to sections 117 and 118 of the Penal Code. He had been on remand since 18 May 1987, a total of 33 months at the time of application. The State Attorney informed the court that the police file had never been sent to the DPP by Jinja Road Police Station, and it was uncertain whether the file even existed. The offences were bailable. The applicant lived in rented premises and did not own a house or land.

Issues

  1. Whether the applicant should be released on bail after 33 months on remand.

Orders

  • Applicant granted bail on condition of depositing cash Shs. 20,000 in Court.
  • Applicant to produce 2 sureties to be approved by the Registrar, each bound in the sum of Shs. 50,000.
  • Applicant to report to Buganda Road Chief Magistrates Court every 30 days from date of release.
  • If conditions not fulfilled, applicant to return to remand.

Rules and key headnotes

Bail — Prolonged Remand — Discretion to Grant Despite Lack of Fixed Abode
Where an accused has been on remand for an excessive period and qualifies for bail under s.14A of the Trial on Indictments Decree 1971, the court may grant bail even where the accused lacks a fixed abode of his own, provided conditions are imposed to secure his attendance at trial.
Bail — Prosecution Delay — Absence of Police File
The absence of a police file and failure of the police to forward the file to the DPP for an extended period is a relevant factor favouring the grant of bail to an accused who has been on remand for 33 months.

Legislation cited (5)

Full judgment

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

Sunday Mibulo v Uganda (Misc. Cr. Appl. No. 248_1989) [1990] UGHC 9 (6 July 1990)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.