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S v RUTURI (2) 2003 (1) ZLR 537 (H)

2003 (1) ZLR p537

Citation

2003 (1) ZLR 537 (H)

Case No

Judgment No. HH-26-03

Court

High Court, Harare

Judge

Chinhengo J

Heard

7 May 2003; 12 May 2003

Judgment

12 May 2003

Counsel

J Jagada, for the appellant
G Chikumbirike, for the respondent

Case Type

Bail appeal

Annotations

No case annotations to date

Flynote

Criminal procedure — bail — appeal — against grant of bail — reluctance of appeal court to interfere when bail has been granted

Criminal procedure — bail — appeal — to High Court against decision of magistrate — nature of appeal — whether High Court can substitute its own discretion for that of magistrate

Criminal procedure — bail — co-accused — equality of treatment — need for equality, taking into account factors personal to each accused

Criminal procedure — bail — grounds for refusal — likelihood of accused person absconding — need for State to establish cognisable indication that accused likely to abscond — fact that accused concealed existence of foreign bank account — whether indicates likelihood of accused absconding

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