Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Non-bailable offence

  • 21 Mar 2025

    LAVINDRAN A/L MUNIANDY

    Citation
    WA-62-39-03/2025 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62-39-03/2025 (Mahkamah Sesyen)

    Bail was refused because the offence charged (s.307 Penal Code) is non-bailable and serious, the accused was untraceable for about 1 month and 16 days after the incident indicating a real risk of absconding, and the accused's failure to report the alleged accident to police or insurer undermined his credibility; applying s.388 CPC and relevant discretionary factors the court concluded refusal of bail was justified.

  • 4 Feb 2025

    ZHOU QIANG / LELAKI / CHINA / 16.06.2000

    Citation
    WA-62PT-153-02/2025 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62PT-153-02/2025 (Mahkamah Sesyen)

    Bail was refused because the accused is charged with an offence under Section 15(1)(c) Immigration Act 1959/63 which attracts non-bailable considerations and there are reasonable grounds to believe the accused, a foreign national with an expired/irregular pass and demonstrated local trend of absconding, is likely to flee despite proposed conditions and sureties.

  • 2 Aug 2024

    IMTIAZ KHAN

    Citation
    WA-62-123-08/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62-123-08/2024 (Mahkamah Sesyen)

    Bail was refused because the accused was charged with a non-bailable offence under s.373 Penal Code and failed to demonstrate exceptional grounds under s.388(1) CPC; the nature and gravity of the offence, the severity of potential punishment, the accused's foreign status with an expiring work visa creating a tangible flight risk, the public interest and likelihood of witness tampering together justified a judicial refusal of bail.

  • 8 Mar 2024

    Navukarasan A/l Rethinasingam

    Citation
    BA-44-95-02/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-44-95-02/2024 (Mahkamah Tinggi)

    Because the reduced charge under section 304(a) Penal Code is a non-bailable offence and the prosecution had established a prima facie case at the close of its case, the applicant failed to demonstrate exceptional grounds (the asserted delay did not qualify) and release posed a real risk of interference with witnesses; therefore bail is refused under section 388(2) CPC.

  • 24 Feb 2023

    SYED MOHD AZLAN BIN SAYED OMAR

    Citation
    BD-83D-328-02/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BD-83D-328-02/2023 (Mahkamah Majistret)

    Court held DDA LLPK contains no express provision unequivocally prohibiting bail for the offence under s6(7); therefore the Criminal Procedure Code (including First Schedule and section 388) applies, but after evaluating statutory scheme, evidence, related charges, propensity to reoffend, seriousness of offence and pending High Court revision, the court refused bail to the accused.