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State v Khan [2008] FJHC 1; HAM 005.2008 (17 January 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Criminal Misc. Case No : HAM 005 of 2008

BETWEEN:

THE STATE
Applicant

AND:

BHALLU KHAN
Respondent

Counsel: Mr. A. Rayawa for the State
Mr. G. Leung & Mr. S. Leweniqila for the Respondent

Date of Hearing & Ruling: Thursday 17th January, 2008

RULING

[1] This is an application for stay pending appeal from an order for release of certain properties belonging to the respondent who is facing criminal charges. The order was made by the Magistrates’ Court on the 15th of January 2008.

[2] The State appeals that order on numerous grounds set out in the Petition of Appeal. The principal complaint is that the release order was made without jurisdiction and in breach of the due process rights of the State.

[3] The respondent opposes the stay application.

[4] The State has a right of appeal against the release order made by the learned Magistrate.

[5] At this stage it is not for me to venture into the merits of the State’s appeal. All that the State has to demonstrate is that they have arguable grounds of appeal and that their rights would be defeated if stay is not granted.

[6] After considering the motion and the submissions of parties, I am satisfied that stay should be granted. The application is granted.

[7] The order for the release of the respondent’s properties dated the 15th of January 2008 made by the learned Magistrate is stayed pending determination of the State’s appeal.

Daniel Goundar
JUDGE

At Suva
Thursday 17th January, 2008

Solicitors
Office of the Director of Public Prosecution for the State
Howards Law, Barristers & Solicitors, Suva for the Respondent