26 Sept 2025
1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR
- Citation
- J-06A(LB)-14-11/2023 (Mahkamah Rayuan)
- Court
- LB
- Case number
- J-06A(LB)-14-11/2023 (Mahkamah Rayuan)
When notice of appeal cannot be served and there is no reasonable prospect of the appeal being heard the Court may strike out the appeal as an abuse of process under r105; if the respondent is later traced the Court may reinstate the appeal under r105 read with r1A to prevent injustice; once reinstated the Court has discretion under s56A CJA to issue a warrant and to grant bail pending disposal of the appeal; s114(e) EA creates a rebuttable presumption that the warrant was lawfully issued; on the facts bail was granted to the 2nd respondent on deposit RM7,000 with one surety and no surrender…