It’s Not Necessary That All Conditions Set for Bail Are Met Says Justice Mwondha Faith in the case of Sumbu Jean Louis V Uganda Criminal Application No.1 Of 2019.
This case was heard before Justice Mwondha Faith in the Supreme Court of Uganda.
This was an Application for bail pending appeal. and Judgement was delivered on the 17th day of April 2019.
At the High Court Anti-Corruption Division, the Applicant was found guilty and sentenced to five years in prison for embezzlement of funds and he appealed against this decision.
The notice to appeal was struck out by the Court of Appeal and he further appealed to the Supreme Court.
The Applicant then applied for bail pending the Supreme Court hearing to determine the appeal.
In granting the applicant bail, the Supreme Court relied on section 40(2) of the Criminal Procedure Code Act which gives the Appellate Court power to admit an appellant to bail pending appeal hearing and determination of the appeal as Court deems it fit as long as the conditions for bail have been fulfilled.
The court also stated the legal principle that it is not necessary that all conditions should be present in every case. A consideration of two or more conditions may be sufficient. Each case must be considered on its own facts or circumstances.