Moclad v The State [2003] FJHC 226; HAM0049D.2003S (12 December 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

CRIMINAL MISC. CASE NO: HAM0049 OF 2003S

Between:

RAZIA MOCLAD
d/o Mohammed Ishaq
Applicant

And:

THE STATE
Respondent

Hearing: 12th December 2003
Ruling: 12th December 2003

Counsel: Mr. R. Singh for Applicant
No appearance for State

RULING

Although bail is not a right after conviction and sentence, in this case the Applicant was sentenced to 7 days imprisonment which will have been served by next week, Wednesday. In the circumstances the appeal will be frustrated and the sentence served.

These are exceptional circumstances which warrant the grant of bail pending appeal. However the Applicant if her appeal does not succeed, does run the risk of having to complete her sentence after the hearing.

Bail is granted on the following conditions:

1. She reside at the home of her parents at Lawaki Settlement, Saweni, Lautoka;
   
2. She provides one surety in the sum of $500.00;
   
3. She appears in court for the appeal when the matter is listed.
   

This matter is adjourned to 22nd December 2003 at 9.00am in chambers to check on the filing of petition of appeal and to allocate a hearing date. The State is not present today because all counsel are attending the DPP’s Office Conference. Had it not been for the very short sentence passed and urgency of the matter I would not have entertained this application without hearing from the State. However bail can be reviewed at any time. A Notice of Hearing must be served on the State by the Registry together with this Ruling and the motion and affidavit.

Nazhat Shameem
JUDGE

At Suva
12th December 2003