Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Risk of absconding

  • 8 Apr 2026

    ABDUL HAMID SHAIKH BIN ABDUL RAZAK SHAIKH

    Citation
    WA-42(Ors)-38-07/2025 (Mahkamah Tinggi)
    Court
    Ors
    Case number
    WA-42(Ors)-38-07/2025 (Mahkamah Tinggi)

    The High Court upheld the Sessions Court by refusing to order unconditional release of the appellant's international passport and by maintaining the previously granted alternative conditional release; the court found a real risk of monitoring difficulty and absconding due to the appellant's frequent international travel, absence of definitive invitations for all claimed trips, and that unconditional release would undermine bond and surety obligations.

  • 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.