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Singh v State [2011] FJCA 36; MA3.11 (27 May 2011)

IN THE COURT OF APPEAL, FIJI ISLANDS
ON APPEAL FROM THE HIGH COURT OF FIJI

MISCELLANEOUS ACTION NO.3 OF 2011
[High Court Action No.4 of 2011]

BETWEEN:

SANJEET SINGH
Appellant

AND:

THE STATE
Respondent

Counsel: Mr I Khan for the Appellant
Mr L Fotofili for the Respondent

Date of Hearing: Friday, 18th February 2011
Date of Ruling: Friday, 27th May 2011

RULING

1. This case involved a burglary of commercial premises and an attempt to open a safe containing $80,000. There was a guilty plea.
   
2. Mr Justice Madigan refused bail pending an appeal on 20th January 2011. On the same day he agreed a sentence of 12 months imprisonment.
   
3. An application for bail pending appeal has been filed on 25th January 2011. But I am not aware of any appeal on sentence to the Court of Appeal being filed.
   
4. I have explained the principles to be applied in applications for bail pending appeal in the following rulings:
   
   1. R v. Zafir Tarik Ali and Others of 1st April 2011.
   2. R v. Brian Singh of 16th December 2010.
   3. R v. Mahendra Patel and Peni Mau of 12th May 2011.
      
5. I refuse bail pending appeal applying these principles.
   
6. I also agree with reasons of Justice Madigan in refusing bail pending appeal.
   

ORDER

7. I make the following order:
   

(1) bail pending appeal for Sanjeet Singh is refused.

William R. Marshall
Resident Justice of Appeal