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Khan v State [2015] FJCA 71; AAU20.2015 (28 May 2015)

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

CRIMINAL APPEAL NO. AAU 20 OF 2015
[High Court HAM 6 of 2015]

BETWEEN:

MOHAMMED SHAHEED KHAN
Appellant

AND:

THE STATE
Respondent

Coram : William Calanchini P
Almeida Guneratne JA
Shavindra Fernando JA

Counsel : Mr. Iqbal Khan for the Appellant
Mr. S. Vodokisolomone for the Respondent

Date of Hearing : 18 May 2015
Date of Judgment : 28 May 2015

JUDGMENT

Calanchini P

[1] I agree that the appeal against the decision of the High Court refusing bail should be dismissed.

Almeida Guneratne JA

[2] The Appellant had been charged for the offence of unlawful importation of illicit drugs.

[3] Pending trial his application for bail had been refused by the High Court at Lautoka on 27th January, 2015.

[4] Thereafter, by Notice of Motion and Affidavit dated 4th February, 2015 the Appellant moved a single Judge of the Court of Appeal to forward the matter to the (full) Court of Appeal to have the said order refusing bail reviewed pursuant to Section 30(4) of the Bail Act.

[5] The present application comes up on a Notice of Abandonment of the appeal dated 16th February, 2015 filed on behalf of the Appellant in terms of Rule 39 of the Court of Appeal Rules framed in pursuance of Section 39 of the Court of Appeal Act.

[6] The Appellant being represented by counsel nevertheless, he himself being present in court, informed Court that, he was making the application to abandon the appeal voluntarily of his own free will and after consultation with his counsel.

[7] Counsel submitted that he has advised the Appellant as to the consequences of his application to withdraw the appeal in that, should the application be granted, that, will be a final decision in so far as the matter of the appeal is concerned and the Appellant will not be in a position to reagitate the same.

[8] Accordingly, we allow the application to withdraw the Appeal and the Appeal is dismissed.

Fernando JA
[9] I agree with the judgment of Almeida Guneratne JA.

The Orders of the Court are:

1. Application to withdraw the Appeal is allowed.
2. The Appeal is dismissed.
   

..........................................
Hon. Justice William Calanchini
PRESIDENT, COURT OF APPEAL

.........................................
Hon. Justice Almeida Guneratne
JUSTICE OF APPEAL

...........................................
Hon. Justice Shavindra Fernando
JUSTICE OF APPEAL