By Evarist Baimu Nyaga Mawalla - Home

ANDANJELINA OJARE ……………………………. RESPONDENT(Appeal from the judgment of the High Court of Tanzania atArusha)KISANGA, J.A.:(Nchalla, J.)Dated the 24 th day of March, 1997InCriminal Appeal No. 31 of 1996JUDGEMENT OF THE COURTThe appeal arises from the judgment of the High Court(Nchallo, J.) which upheld and affirmed the ruling of the residentmagistrate’s court granting bail to the respondent.The background to the case may be set out briefly as follows:The respondent applied to the Resident Magistrate’s Court for bailunder section 148 (1) of the Criminal Procedure Act. Theapplication was made at a time when proceedings of a preliminaryenquiry into a charge of murder against the respondent werepending in that court. The application was resisted by theprosecution on the ground that under section 140 (5) (a) of theCriminal Procedure Act the offence of murder is not vailable, andthat in any case the Resident Magistrate’s Court has no jurisdictionto grant bail in respect of murder which was not trouble by thatCourt. The magistrate overruled the objection and granted bail.The Director of public Prosecutions appealed unsuccessfully to theHigh Court which as …… / stated, affirmed the decision of theresident magistrate’s a court, hence the present appeal to theCourt.Before us the appellant Director of Public Prosecutions wasrepresented by Mr. K.M. Mussa, learned Principal State Attorney,while the responded was advocated for by Mr. A. Mgwal, learnedadvocate. Counsel pointed out that a nolle prosequi in respect of106