Lal v State [2014] FJHC 569; HAM033.2014 (1 August 2014)

IN THE HIGH COURT OF FIJI
AT LABASA
MISCELLANEOUS JURISDICTION

Crim. Misc. Case No: HAM 033/2014

BETWEEN:

HIND MUNESHWAR LAL
APPLICANT

AND:

THE STATE
RESPONDENT

COUNSEL: Applicant in Person
Mr S Vodokisolomone for the Respondent

Date of Hearing: 29.07.2014
Date of Ruling: 01.08.2014

RULING

[1] The applicant Hind Muneshwar Lal had applied for bail pending trial third time.

[2] The applicant has been charged for four counts of Rape Contrary to Section 207(1) and (2) (a) of the Crimes Decree No: 44 of 2009.

[3] That the applicant submits that he has a change of circumstance to seek bail from this court. In support he has submitted his submission in writing.

[4] The Applicant submits that he wants to retain a private counsel. Further he wants to do his attachment in PEMAC Department at Secondary School to fill the workbook and apply for graduation after completing the task and to settle his rent arrears.

[5] The State opposes the bail. The State submits that the grounds submitted by the Applicant have no special circumstances or change of circumstances which may warrant this court to review his bail application.

[6] The applicant is charged for four counts of Rape and he is in remand for this case since 10/03/2013.The charges filed against the accused are very serious.

[7] The Applicant has five pending cases in Magistrates' Court Labasa.The offence pertains to this case was committed while on bail. Under these circumstances, granting bail to the applicant would definitely endanger the public interest or make the protection of the community more difficult.

[8] Considering all these factors into account, especially considering the Rape charges; it is not in the interest of justice to grant bail to the Applicant.

[9] Bail refused.

[10] 30 days to appeal.

P Kumararatnam
JUDGE

At Labasa
01/08/2014