Wati v The State [1995] FJHC 92; HAM0007d.1995s (16 May 1995)

IN THE HIGH COURT OF FIJI
(AT SUVA)
(MISC.) CRIMINAL JURISDICTION

MISC. NO.HAM0007 OF 1995

BETWEEN:

1. PRABHA WATI
(aka Rosie) d/o RAM DIN
1ST APPLICANT

2. SARWAM SINGH
(f/n Chattur Singh)
2ND APPLICANT

AND:

THE STATE
RESPONDENT

Mr. S. Maharaj for 1st & 2nd Applicants
Miss E.Rice for Respondent

RULING

Having heard both Counsels submissions and also consider the affidavit filed by Counsel for the applicants, it is my view that there are no compelling circumstances or reasons that would prompt me to grant bail to the applicants. This case against the applicants is a very serious case and I have no doubt that it would be called during the next Criminal Session and preference could be given to it to be heard as soon as possible. Other cases in which I have granted bail had exceptional circumstances that it was justified that bail be granted. In this case I do not believe that there would be any further delay in hearing it and I can assure Counsel for the applicants that I will give priority to hearing this case. Although it has been indicated that the State relies mostly on confessions, these remain to be heard in Court. Having regards to the facts and circumstances surrounding this case, I will refuse the application for bail and I so order.

S W Kepa
JUDGE

16th May, 1995

HAM0007D.95S