26 Sept 2025
1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR
- Citation
- J-06A(LB)-18-11/2023 (Mahkamah Rayuan)
- Court
- LB
- Case number
- J-06A(LB)-18-11/2023 (Mahkamah Rayuan)
The Court held that it had inherent power under r 105 RCA to strike out appeals to prevent abuse where notice could not be served and no withdrawal was sought, and it also had power under r 105 read with r 1A RCA to reinstate such appeals to prevent injustice once the respondent was traced; upon reinstatement the Court lawfully issued a warrant under s 56A CJA (presumed regular under s 114(e) EA) and had discretion to grant bail under s 56A, exercising that discretion to grant bail on specified terms (deposit RM7,000 and one surety, no passport surrender).