Kumari v The State [2004] FJHC 263; HAM0069X.2004S (18 November 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

CR. MISC. CASE NO: HAM0069 OF 2004S

Between:

VEENA KUMARI
Applicant

And:

THE STATE
Respondent

Hearing: 16th November 2004
Ruling: 18th November 2004

Counsel: Mr. M. Raza for Applicant
Ms V. Lidise for State

RULING

On the 2nd of November 2004, I refused bail pending appeal for this Applicant. However, because the appeal record had not arrived in the High Court within 28 days, as is required by the Criminal Procedure Code, I listed the matter for mention, to the 16th of November to check on the record. I said in my ruling of the 2nd of November that if the appeal will not be heard until 2005, I would reconsider bail.

On the 16th of November the record had not arrived in the High Court. Our enquiries with the Magistrates’ Court revealed that the record is ready but that the Magistrates’ Court photocopier is out of order.

In the circumstances, I have ordered the Registry to photocopy the record in the High Court as quickly as possible. The record should therefore be with both parties by Tuesday of next week. A hearing date can be set today for December 2004. In the circumstances therefore, I refuse bail.

Nazhat Shameem
JUDGE

At Suva
18th November 2004