HB 136-18 LAST NCUBE Versus THE STATE

LAST NCUBE

 

Versus

 

THE STATE

 

IN THE HIGH COURT OF ZIMBABWE

MAKONESE J

BULAWAYO 1 & 7 JUNE 2018

 

Bail application

 

V. Ndlovu for the applicant

Miss N. Ndlovu for the respondent

            MAKONESE J:        The applicant is facing a charge of contravening section 131 of the Criminal Law Codification and Reform Act (Chapter 9:23); unlawful entry into premises and another of contravening section 65 (1) of the Criminal Code, rape.  The allegations against him being that on the 23rd April 2018 he broke into complainant’s house as she was asleep, threatened her with an okapi knife, tied her hands together and raped her once.  He then stole some property belonging to the complainant and fled.

            The applicant is seeking bail pending trial.  The state is opposed to the application.  In terms of section 116 of the Criminal Procedure and Evidence Act (Chapter 9:07), the court is empowered to admit an applicant who is in custody to bail pending trial. In terms of section 50 of the Constitution of Zimbabwe (Amend No. 20) 2013, an arrested person is entitled to be released on bail either unconditionally or on conditions pending charge or trial unless there are compelling reasons justifying the arrested person’s continued detention.

 

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2018