MUHAMMAD RA'ABILSHAH BIN SAMZALI

MUHAMMAD RA'ABILSHAH BIN SAMZALI

The Court allowed the application for stay of execution and bail pending appeal because the applicant established special circumstances: first offender status, non-violent white‑collar nature of the offence, existence of complex legal issues meriting appellate review, negligible flight risk and prosecution's...

Source-derived case information.

Citation
P-07-28-04/2024 (Mahkamah Rayuan)
Parties
Applicant: Muhammad Ra'abilshah bin Samzali; Respondent: Pendakwa Raya
Court
Court of Appeal
Jurisdiction
Malaysia
Judgment Date
20 June 2024
Case Number
P-07-28-04/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Application for Stay of Execution / Bail Pending Appeal
Outcome
Stay of execution granted pending appeal
Legal Topics
Bail Pending Appeal, Stay of Execution, Forgery (s.467 Penal Code), White Collar Crime, Standard of Proof, Admissibility, Forensic Evidence
Criminal Law Criminal Procedure Evidence Appeal Bail Pending Appeal Stay of Execution Forgery (s.467 Penal Code) White Collar Crime +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Muhammad Ra'abilshah bin Samzali

Applicant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Application for Stay of Execution / Bail Pending Appeal

  1. 1 Whether the signature on the cheque was forged by the applicant
  2. 2 Delay in complaint/report and its effect on prosecution case
  3. 3 Whether prosecution proved element of forgery beyond reasonable doubt

Ratio Decidendi

The Court allowed the application for stay of execution and bail pending appeal because the applicant established special circumstances: first offender status, non-violent white‑collar nature of the offence, existence of complex legal issues meriting appellate review, negligible flight risk and prosecution's non‑opposition, subject to increased bail and continuation of prior conditions.

Court Disposition

Stay of execution granted pending appeal

Orders

  • Stay of execution of five-year imprisonment and the RM180,000.00 compensation order pending appeal to the Court of Appeal
  • Bail granted and increased to RM50,000.00 (previously RM30,000.00)