Automated Summary
Key Facts
Jeeveeka Lungur, charged with multiple larceny offences under sections 301(1) and 305(1)(b) of the Criminal Code, was granted bail on 2024-03-27 subject to conditions including a Rs. 2,000 surety, Rs. 8,000 recognisance, fixed residence, and daily police reporting. The court noted her prior larceny convictions (two), ongoing bail case since 2022, and the risk of absconding and reoffending, determining that the conditions would sufficiently mitigate these risks.
Issues
- The court assessed the applicant's risk of absconding, noting she was on bail for a breach of condition of release since 2022 with no main case details provided. The applicant did not challenge this evidence, so the court found the risk cannot be totally ignored.
- The court assessed the risk of reoffending, citing the applicant's two prior larceny convictions and current provisional charge for larceny. The court found the risk plausible, in line with the standard from Deelchand v The Director of Public Prosecutions.
Holdings
The court ordered the applicant to be released on bail subject to conditions: providing a surety of Rs. 2,000, entering into a recognisance of Rs. 8,000, residing at a fixed place of residence, and reporting daily to the nearest police station between 6 am and 6 pm. The court determined the risks of absconding and reoffending were plausible due to prior larceny convictions and current provisional charges, but these risks could be mitigated by the imposed conditions.
Remedies
Bail granted with conditions including a surety of Rs.2,000, recognisance of Rs.8,000, fixed residence, and daily police reporting.
Legal Principles
The court applied the 'reasonable ground' standard of proof to establish the risk of absconding or reoffending, as required by the Bail Act 1999 and supported by Deelchand v Director of Public Prosecutions [2005 SCJ 215] and Clooth v Belgium [1991] ECHR 71, emphasizing that risks must be real and plausible.
Precedent Name
- Deelchand v The Director of Public Prosecutions and others
- Clooth v Belgium
Cited Statute
Bail Act 1999
Judge Name
Z Cassamally (Dr)
Passage Text
- In the circumstances, the risk of absconding cannot be totally ignored.
- In the current circumstances, the Court is of the view that the identified risks can be reduced by the imposition of conditions such that they become negligible having regard to the weight which the presumption of innocence would carry in the balance.
- Hence, the Court finds the risk of offending plausible.