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Chand v State [2013] FJMC 83; Criminal Case 140.2013 (15 February 2013)

IN THE MAGISTRATE'S COURT
AT SUVA
IN THE CENTRAL DIVISION
THE REPUBLIC OF FIJI ISLANDS

Criminal Case No. 140 of 2013

Ashok Chand [Applicant]

.v.

State [Respondent]

For Respondent/Prosecution/State: PC Pauliasi
Applicant/Accused: Present – Mr Vinit Singh (Parshotam Lawyers)

BAIL VARIATION RULING

Introduction

This is an application for variation for bail by the ac. The accused was was granted bail by this Court on 17th January 2013. At that time the defence counsel had indicated to Court that the accused might be tling eas later.

This Court had asked the Dthe Defencefence to make the relevant application at the appropriate time. The Defence is now making the application so that the accused be allowed to travel overseas on 20th February 2013 and return on 12th March 2013.

The State has opposed the variation application and sought that the accused post $20,000 cash bail. They have not filed any written submission despite being given the opportunity to do so. When the accused was bailed the Court set the following conditions:

(a) Forfeiture sum of $1000 is accused fails to appear in Court on next dates.

(b) Surety to be Avinesh Chand.

(c) Not to travel out of jurisdiction of this Court without the Courts Approval.

This Court has noted that the Defence has been quiet forthright in the bail issues with this Court. They have informed the Court about the accused intention to travel on the first opportunity. The Court had not even at that stage considered imposing travel sanctions on the accused. The accused has provided a surety which is acceptable to this Court. The Court in bail issues is primarily concerned with the appearance by the accused in Court on the next date.

This Court has noted from the affidavit that the accused desires to travel for medical reasons to consult Doctors while in Australia. However, no bookings or record of communication between the Doctors and the accused is annexed therein. This Court has noted the physical features of the accused while the accused has appeared in Court.

This Court will grant variation to the bail condition

Chaitanya Lakshman
Resident Magistrate
Suva

15th February 2013