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Khan v The State [2003] FJHC 198; HAM0004r.2003B (29 August 2003)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

MISCELLANEOUS CASE NO. 4 OF 2003

Between:

MOHAMMED HAROON KHAN
f/n Ahmed Khan
Applicant

and

STATE
Respondent

Mr. A. Kohli for the Appellant
Mr. F. Vasarogo for the Respondent

RULING
(in application for bail pending trial)

This is the applicant Mohammed Haroon Khan’s application pending the commencement of the trial of the action on the charge of murder for bail upon the ground that ‘the trial will not take place until February 2003 by which time the accused will have been in custody for some nineteen months’.

On 27 August 2003 upon hearing both counsel I made an Order granting bail herein and I stated that I will give detailed reasons later and put on the file in due course which I now do.

The background facts are that the applicant is alleged to have murdered Abdul Lateef alias Manna on 11 July 2002 which he denies. He has been in custody since 11 July 2002 which is a period in excess of 13 months. The Preliminary Inquiry was held in the Magistrate’s Court on 6 August 2003 and the applicant was on 8 August 2003 committed to the High Court for trial.

The learned counsel for the applicant, Mr. A. Kohli, made submissions and stated, inter alia, that accused persons in a number of such cases for murder have been released on bail on strict conditions.

The learned counsel for the State did not oppose the application but he insisted on certain stringent bail conditions being imposed.

It is clear from the affidavit evidence and from submissions made by both counsel that the date for a new trial is yet to be set which is likely to take some time. There are a number of serious cases due to come up for trial in the Criminal Sessions at Labasa for which dates have yet to be set.

Recently accused persons who have been in custody for sometime on serious offences awaiting trial have been released on strict bail conditions by a number of Judges in circumstances similar to the one before me.

I agree that bail ought to be granted particularly when counsel for the State has raised no objection to the application being granted.

I therefore granted bail on 27 August 2003 on the following bail conditions:

1. The Applicant is granted bail on his own recognizance of $500.00 with surety of his mother Jainul Nisha d/o Mohammed Ali in the like amount of $500.00 and she should be informed of what is involved standing as a surety.
   
2. The applicant is to provide his fixed address, which should be in Labasa, to the Court as well as the Police but should he wish to change his address he should make an application to Court to vary this condition. At present the applicant to reside with his mother at Lajonia Road, Wailevu.
   
3. The applicant will report to the Labasa Police Station on every Tuesday and Saturday between 6.00 a.m. and 6.00 p.m.
   
4. The applicant will not in any way attempt to communicate or otherwise interfere with the prosecution witnesses.
   
5. The applicant shall not re-offend during the period of bail; failing which his grant of bail shall automatically be cancelled and the applicant ordered back into custody.
   
6. The applicant to surrender his Passport, if any, and he should not apply for a Passport during the pendency of the murder trial. In any case the Immigration Department is to be informed that the murder trial is pending against the applicant.
   
7. The applicant will be informed of the trial date.
   

D. Pathik
Judge

At Labasa
29 August 2003