1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR

1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR

The Court held that it may strike out appeals under its inherent power to prevent abuse of process where notice cannot be served and there is no prospect of hearing; it may later reinstate those appeals under its inherent power to prevent injustice read with r1A when the respondent is subsequently traced; once reinstated the Court had discretion under s56A CJA to issue a warrant and to grant bail to a respondent arrested under that warrant; s114(e) EA gives a rebuttable presumption of regularity to the issuance of the warrant; applying these principles the Court reinstated the eight appeals, validated issuance of the warrant, and granted bail to the 2nd Respondent on specified terms...

Citation
J-06A(LB)-15-11/2023 (Mahkamah Rayuan)
Parties
Appellant: Public Prosecutor; 1st Respondent: Haris Fadzilah bin Abu Bakar; 2nd Respondent: Noryati binti Abu Bakar
Court
LB
Jurisdiction
Malaysia
Judgment Date
26 September 2025
Case Number
J-06A(LB)-15-11/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal Reinstatement and Bail Proceedings in the Court of Appeal
Outcome
Appeals reinstated; warrant issued and executed against 2nd Respondent; bail granted to 2nd Respondent pending disposal of appeals
Legal Topics
Striking Out Appeals, Reinstatement of Struck Out Appeals, Warrant Under S56 a CJA, Bail Pending Appeal, Inherent Powers of the Court, Service of Notice of Appeal
Source Language
Malay/English
Criminal Law Appellate Procedure Evidence Law Bail Law Striking Out Appeals Reinstatement of Struck Out Appeals Warrant Under S56 a CJA Bail Pending Appeal +2 more

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Parties

Public Prosecutor

Appellant

Haris Fadzilah bin Abu Bakar

1st Respondent

Noryati binti Abu Bakar

2nd Respondent

Procedural Posture

Criminal Appeal / Appeal Reinstatement and Bail Proceedings in the Court of Appeal

Legal Issues

  1. 1 Whether Court of Appeal can strike out a criminal appeal filed by the Public Prosecutor where notice of appeal cannot be served on a respondent and PP did not apply to withdraw the appeal
  2. 2 Whether the Court of Appeal can reinstate an appeal previously struck out
  3. 3 Whether the Court of Appeal can issue a warrant under s56A Courts of Judicature Act 1964 after reinstatement

Ratio Decidendi

The Court held that it may strike out appeals under its inherent power to prevent abuse of process where notice cannot be served and there is no prospect of hearing; it may later reinstate those appeals under its inherent power to prevent injustice read with r1A when the respondent is subsequently traced; once reinstated the Court had discretion under s56A CJA to issue a warrant and to grant bail to a respondent arrested under that warrant; s114(e) EA gives a rebuttable presumption of regularity to the issuance of the warrant; applying these principles the Court reinstated the eight appeals, validated issuance of the warrant, and granted bail to the 2nd Respondent on specified terms...

Court Disposition

Appeals reinstated; warrant issued and executed against 2nd Respondent; bail granted to 2nd Respondent pending disposal of appeals

Orders

  • The eight appeals are reinstated (Court of Appeal order dated 14.8.2025)
  • Warrant issued to arrest the 2nd Respondent pursuant to s56A CJA and executed on 25.9.2025