Malaysia Case Law: Decisions & Judgments

Topic

Bail

Legal area

Court

30 Apr 2026

NORHAZRI BIN MUHAMMAD NOR [ ]

Citation

DA-44-18-03/2026 (Mahkamah Tinggi)
Court

High Court
Case number

DA-44-18-03/2026 (Mahkamah Tinggi)

Section 12 of the Akta Senjatapi (Penalti Lebih Berat) 1971 is a valid parliamentary enactment that, read literally, imposes an absolute statutory bar to grant of bail for offences under the Act; the offence charged is unbailable, Section 388 Criminal Procedure Code does not displace that statutory bar, and the applicant failed to prove the requisite special circumstances or life‑threatening medical condition; accordingly the High Court will not exercise discretion to grant bail and affirms the Session Court order refusing bail.
13 Mar 2026

CHAN AH MOI

Citation

JA-44-15-02/2026 (Mahkamah Tinggi)
Court

High Court
Case number

JA-44-15-02/2026 (Mahkamah Tinggi)

Because the applicant is charged under s.39B(1) DDA which, by s.39B(2), is punishable by death or imprisonment for life (and therefore falls within offences punishable with death or imprisonment exceeding five years), s.41B of the Dangerous Drugs Act 1952 operates to prohibit grant of bail; the specific prohibition in s.41B prevails over the general bail power in s.388 CPC and binding precedents mandate refusal of bail.
17 Oct 2025

WAAZAN A/L BALARAMAN

Citation

PB-44-12-08/2025 (Mahkamah Tinggi)
Court

High Court
Case number

PB-44-12-08/2025 (Mahkamah Tinggi)

Section 41B(1)(a) read with section 41B(2) of the Dangerous Drugs Act 1952 creates an absolute prohibition on granting bail to accused persons charged with offences punishable with death (including under section 39B(1)(a)), thereby removing judicial discretion under general procedural provisions (section 388 KTJ); consequently the High Court had no power to grant bail to the applicant despite his medical condition, though the prison must arrange medical treatment under section 37 Prisons Act 1995.
7 Aug 2025

WAN NUQMAN DANISH BIN FAREEZ PREM RAJ

Citation

WA-62D-466-07/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62D-466-07/2025 (Mahkamah Sesyen)

Section 41B of the Dangerous Drugs Act 1952 is a specific statutory provision that renders offences punishable by life or by imprisonment exceeding five years absolutely unbailable and thus overrides the general discretion under s388(1) Criminal Procedure Code; therefore the court has no jurisdiction to grant bail to the accused charged under s39A(2) and the bail application is dismissed.
26 Jun 2025

SHEARVIN RAJOO A/L JOHN

Citation

B-07-19-02/2025 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-07-19-02/2025 (Mahkamah Rayuan)

The court unanimously held the applicants' medical conditions did not meet the high threshold required by section 13(2)(c) SOSMA as elucidated in Samat bin Yamin; consequently sections 388/389 CPC are inapplicable to security offences charged under section 130V, and the bail applications were properly refused by the High Court and are dismissed on appeal.
26 Jun 2025

CARIS LUWDON A/L LOURDASAMY

Citation

B-07-20-02/2025 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-07-20-02/2025 (Mahkamah Rayuan)

Court dismissed the bail applications because the applicants' medical conditions did not meet the threshold of severity required by SOSMA s13(2)(c) as explained in Samat bin Yamin; additionally ss388(1) CPC is not applicable to offences under s130V Penal Code listed in SOSMA, and therefore Court had no basis to grant bail.
18 Jun 2025

MOHAMAD AIZAT BIN MOHAMED ABDUL GHANI

Citation

AA-83RS-124-04/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-83RS-124-04/2025 (Mahkamah Majistret)

The High Court dismissed the appeal and upheld the Magistrate's one‑year imprisonment, applying established sentencing principles: begin with maximum then discount for early guilty plea and mitigation, weigh public interest and aggravating factors, and exercise discretion under section 282(d) for commencement. The court found the plea voluntary and mitigation insufficient to reduce the custodial sentence below one year.
26 Feb 2025

HEMANATHAN A/L SELVARAJAH [Jabatan Peguam Negara]

Citation

B-07-111-12/2024 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-07-111-12/2024 (Mahkamah Rayuan)

Court accepted hospital reports obtained on its direction showing both applicants were clinically stable and asymptomatic at discharge; their conditions did not meet the threshold of serious, life‑threatening or unmanageable illness under s13(2)(c) SOSMA, therefore the Court declined to exercise its discretion to grant bail.
26 Feb 2025

NITHIYAN A/L NAGARAJAN [Jabatan Peguam Negara]

Citation

B-07-113-12/2024 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-07-113-12/2024 (Mahkamah Rayuan)

The Court accepted and relied on the court‑ordered hospital medical reports which showed both applicants were medically stable following in‑patient care; their conditions did not meet the threshold of severity or life‑threatening infirmity required under s13(2)(c) SOSMA to justify the exercise of discretion to grant bail, and therefore the bail applications (NU10 and NU11) were dismissed, with leave to reapply if health materially deteriorates.
12 Nov 2024

CHEAN WEI CHUNG

Citation

CB-43-3-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

CB-43-3-11/2024 (Mahkamah Tinggi)

The High Court held the Sessions Court erred in granting bail because section 41B of the Dangerous Drugs Act 1952 applies to offences attracting increased penalties under section 39C; section 41B prevails over the general bail provisions of the Criminal Procedure Code (including s388). Binding authorities (PP v Leong Ying Ming; PP v Chew Siew Luan) require that where an offence is punishable with imprisonment for more than five years under the Act, bail is barred; accordingly the Sessions Court bail order was set aside.