Hajarul Falenna Itah binti Abu Bakar Adli Mohd Zamri bin Mustafa PIHAK KETIGA Noor Fadilah binti Md Nor

Hajarul Falenna Itah binti Abu Bakar Adli Mohd Zamri bin Mustafa PIHAK KETIGA Noor Fadilah binti Md Nor

The Session Court was the court of original jurisdiction to determine the guarantor's application for release; the High Court filing was premature while the Session Court had not decided the matter; a Session Court order dated 13/12/2022 directing release of the guarantor and return of bail monies was valid and enforceable against funds deposited in the High Court; the High Court's inherent jurisdiction is limited to exceptional circumstances and cannot routinely displace the trial court's original jurisdiction.

Citation
DJ-62-15-04/2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Zamri bin Mustafa; Guarantor/applicant for Release of Surety: Noor Fadilah binti Md Nor
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
13 December 2022
Case Number
DJ-62-15-04/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Review Application Under S.323(1) Kanun Acara Jenayah / Reasons for Application to High Court Seeking Criminal Review of Session Court Order
Outcome
High Court granted criminal review (DA-43-1-01/2023) and set aside the High Court bail order DA-44-8-05/2020; bail monies were ordered returned to the guarantor
Legal Topics
Release of Surety, Deposit and Discharge of Bail Bonds, Original Jurisdiction of Trial Court, Prematurity of High Court Motion, Appealability of Bail Orders, Exercise of Inherent Jurisdiction, Consolidation of Related Charges
Source Language
Malay/English
Criminal Procedure Bail Law Judicial Review / Inherent Jurisdiction Jurisdictional Law Release of Surety Deposit and Discharge of Bail Bonds Original Jurisdiction of Trial Court Prematurity of High Court Motion +3 more

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Parties

Pendakwa Raya

Prosecution

Mohd Zamri bin Mustafa

Accused

Noor Fadilah binti Md Nor

Guarantor/applicant for Release of Surety

Procedural Posture

Criminal Review Application Under S.323(1) Kanun Acara Jenayah / Reasons for Application to High Court Seeking Criminal Review of Session Court Order

Legal Issues

  1. 1 Whether the Session Court exceeded its jurisdiction by releasing a guarantor and ordering return of bail deposited in the High Court where the High Court had earlier granted bail and taken deposit
  2. 2 Whether the filing of a Notice of Motion in the High Court prior to a decision by the Session Court was premature and ousted the Session Court's original jurisdiction
  3. 3 Whether an order of the Session Court can be enforced against bail monies deposited in the High Court

Ratio Decidendi

The Session Court was the court of original jurisdiction to determine the guarantor's application for release; the High Court filing was premature while the Session Court had not decided the matter; a Session Court order dated 13/12/2022 directing release of the guarantor and return of bail monies was valid and enforceable against funds deposited in the High Court; the High Court's inherent jurisdiction is limited to exceptional circumstances and cannot routinely displace the trial court's original jurisdiction.

Court Disposition

High Court granted criminal review (DA-43-1-01/2023) and set aside the High Court bail order DA-44-8-05/2020; bail monies were ordered returned to the guarantor

Orders

  • Semakan Jenayah No. DA-43-1-01/2023 allowed by High Court
  • Permohonan Jenayah No. DA-44-8-05/2020 (High Court bail order) set aside