case on 12 June 1997. The Applicant was present throughout the prosecution’s case. The defence opened its case on 24 June 1997 and finalised the same on 25 June 1997. 25. its case When the defence opened on 24 June 1997, the Applicant was absent and the prosecution applied to the trial court that the trial should proceed under Section 226 of the Criminal Procedure Act and that the Applicant be arrested for jumping The application Section 226 was of granted the and Criminal the matter Procedure proceeded Act. This bail. under provision, specifically Section 226(1) thereof, allows the trial court to proceed with a hearing that had been adjourned, if an accused person is not present when the trial resumes. On 25 June 1997, the trial court ordered that a warrant of arrest be issued against the Applicant, and his sureties be summoned to show cause why their bail bond should not be forfeited. The record shows that the Applicant had been admitted to hospital on 20 June 1997, suffering from extra pulmonary tuberculosis and asthmatic statae. He was hospitalised until 21 February 1998. 26. On 30 June 1997, judgment was delivered in the absence of the Applicant, sentenced Sentences wherein he was to thirty (30) years Act No.1 Amendment Act of 1972 convicted of armed imprisonment as amended robbery and under the Minimum by Miscellaneous No. 10 of 1989. He was also to receive twelve (12) strokes of the cane. The Applicant and the first co-accused were also ordered to pay compensation in respect of the stolen properties yet to be recovered, Hundred and with Fifty .a total value Thousand of Tanzania (Tshs.150,000/=). we Shillings The One Applicant 12

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