Khan v State [2013] FJHC 53; HAM20.2013 (4 February 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
MISCELLANEOUS JURISDICTION

MISC CASE NO. HAM 20 OF 2013

BETWEEN:

MOHAMMED RIZWAN KHAN
[Applicant]

AND:

STATE
[Respondent]

Counsels: Mr. W. Pillay for the Applicant
Ms S. Puamau for the Respondent

Date of Ruling: 4 February 2013

BAIL RULING

[1] This is an application for bail filed by the Applicant above named through his Counsel.

[2] The Applicant above named is charged with one count of Manslaughtern and one count of Contravention to the Arms and Ammunition Act.

[3] The Applicant submits following grounds in support of his bail application

(a) He works as a pilot;

(b) His wife had given birth to a child on the 24th December 2012,

(c) H e is a first offender;

(d) His grandparents are living with him,

(e) Entitled for bail under Bail Act,

[4] Section 3(1) Of the Bail Act states as follows:

"Every accused person has a right to be released on bail, unless it is not in the interests of justice that bail should be granted."

According to the above section the Applicant is entitled for bail.

[5] The Applicant is a pilot by profession. According to his own affidavit he flies domestic and international flights.

[6] The Applicants holds Permanent Residencies in Australia and New Zealand.

[7] The State filed their response and submits that they have no objection to grant bail on the conditions proposed by the Applicant.

[8] it is noted that the Applicant had declared most of the important information in his bail application. I presume that the State has considered his submissions and decided not to object for bail.

[9] The Applicant submits the following proposed conditions to grant bail;

(a) Ten Thousand Dollars ($10,000.00) cash bail;

(b) 4 sureties namely:

(i) Abdul Wahab, Director of Sun Beam Transport Limited residing at 13 Kavana Place, Lautoka

(ii) Aiyaz Musa, Director of Redbak Rethreading Limited residing at 12 Tualesia Street, Lautoka;

(iii) Hasmat Khan, Retired head Teacher of Lautoka Muslim Primary School residing at 35 Ratu Meli Road, Lautoka

(iv) Zahid Ali Wahab, Manager residing at 22 Chaneb Street, Lautoka.

(c) Reporting to Lautoka Police Station on any and every day between whatever hours that this Court determines just and necessary and;

(d) Curfew on any and every day between whatever hours that this Court determines just and necessary;

(e) Restraining orders disallowing me for travelling to or going anywhere near or 1 kilometer within;

(i) The site of the alledged incident

(ii) The home of any prosecution witness

(iii) Any and every person that this Court wishes me to refrain from contacting.

(f) Restraining order disallowing me from interfering with any and every prosecution witness.

[10] The Applicant is a pilot by profession, if he is placed on a travel ban his livlihood will be affected. The Court is mindful of this factor.

[11] The State has no objection to grant bail to the Applicant hence I grant bail to the Applicant Mohammed Rizwaan Khan subject to following conditions:

(a) Cash bail of Ten Thousand Dollars ($ 10,000);

(b) 4 sureties for the value of Ten Thousand Dollars ($ 10,000.00) each (non cash);

(c) Report to the Police Station of Lautoka on Sundays, Tuesdays and Thursdays between 8.00am to 6.00pm;

(d) Prohibited to handle any firearms of any nature;

(e) To reside at No 32, Aimatai Street, Lautoka;

(f) Not to contact or interfere with any of the prosecution witnesses;

(g) If any of the bail condition is violated the bail will be revoked forthwith.

[12] The passport of the Applicant is not impounded due to the reason that he is a pilot if it is impounded his livelihood will be affected.

[13] All the above conditions are explained to the Applicant in the presence of his Counsel and the sureties.

[14] If the Applicant does not surrender to his bail, the cash deposit will be confiscated, further the sureties undertake to pay Ten Thousand Dollars ($ 10,000 00) each.

[15] Bail granted.

S. Thurairaja
Judge

At Lautoka
4 February 2013

Solicitors: Messrs Neel Shivam Lawyers for the Applicant
The Office of the Director of Public Prosecution for State