Mr M. Raza for the Appellant/Applicant
Ms N. Shameem fo Respondent
DECISION
(Bail application in Chambers)
This is an application for bail pending appeal. The Appellant was sentenced to an effective 15 months imprisonment by the High Court
at Suva on 6 February, 1991 for several counts of dishonesty committed between 1983 and 1985. He has appealed against both conviction
and sentence.
No dates for the Court of Appeal sittings have as yet been fixed for 1991. The President and additional Justices of Appeal have yet
to be appointed. It appears that considerable time will elapse before the first session commences. There is a heavy backlog of appeals
and there are older criminal appeals which will take priority over this appeal. Bearing in mind that the total sentence in this case
is only 15 months part of which the Appellant has already served and having regard to his entitlement to 1/3 remission I cannot rule
out the possibility that he will have served a substantial part, if not the whole, of his sentence before his appeal is heard and
a decision is given. Furthermore I am unable to say that this appeal, especially against sentence, is so patently unmeritorious that
granting bail should be considered an exercise in futility.
If the appeal is wholly or partly successful the lapse of time could render it nugatory. In the circumstances I will admit the Appellant
to bail in the sum of $500.00 in his own recognizance. Production Order to be issued forthwith to enable the Appellant to appear
and execute the bond before the Registrar of this Court or in his absence before a Resident Magistrate.
Sir Moti Tikaram
Resident Justice of Appeal
Suva
17 April, 1991.
Aau0003d.91s
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