IN THE HIGH COURT OF MALAWI
MISCELLANEOUS CRIMINAL CASE NO. 213 OF2008
CORAM: THE HONOURABLE JUSTICE MR J. S. MANUYNGWA
S. Mapemba, State Advocate
for the State
J Kara, Representing the Accused
P. Mangison Official Interpreter
O R D E R
This is as application for variation of the bail
conditions which were imposed by the Magistrate court at Mulanje on
28 - 12
In granting bail to the applicant, the court so
granted the same on the following conditions:
That the applicant had to furnish the court with 2
That he had to be reporting to Mulanje Police every
That the applicant had to surrender his passport to
That each surety was to be bonded in the sum of
MK50,000 not cash
This morning, Mr Kara for the applicant has prayed that
the above mentioned bail conditions be varied to the extent that the
travel documents be returned to him, and secondly that
the applicant be at liberty to travel outside Mulanje district and
without seeking the courts permission.
The State on the other hand through Miss Mapemba, Senior
State Advocate, has submitted that whilst it has no objection to the
before, the State would however pray that the said
conditions be varied to the extent that the applicant be reporting to
In Charge at Mulanje, each time he leaves, and comes
back to Malawi. Further that the applicant be reporting to the
In Charge once a month.
Section 118(3) of the Criminal Procedures and Evidence
Code gives the court power either of its own motion or by application
order that any amount of bail be varied.
In the instant case State does not oppose the
application and I see no reason to refuse to grant the prayer.
Consequently I hereby
order, that the conditions of bail, that were
imposed by the magistrate court at Mulanje be and hereby varied to
On the condition that the applicant had to be reporting
to the Officer In Charge Mulanje Police every Friday, the same
varied, and the applicant will now be required to report to the
said Officer In Charge, once a month, on the last Friday of
month before 4 p.m.
On the condition that the applicant had to surrender
his passport to the Court, the same is hereby varied, and the
now be required, whenever he intends to travel to
approach the court, amongst other things showing intention to
destination, likely period of stay, and likely date
On returning to the jurisdiction, the applicant will
still be required to return his passport to the court.
The other conditions that were imposed that is
conditions (1) and (4) remain unchanged.
Pronounced in Open Court
this 13th day of
Joselph S. Manyungwa