26 Sept 2025
1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR
- Citation
- J-06A(LB)-12-11/2023 (Mahkamah Rayuan)
- Court
- LB
- Case number
- J-06A(LB)-12-11/2023 (Mahkamah Rayuan)
The Court held that it may strike out a PP appeal when notice cannot be served and no reasonable prospect of hearing exists to prevent abuse of process (r105 RCA); the Court may reinstate a struck-out appeal when the respondent is later traced to prevent injustice (r105 read with r1A RCA); once reinstated the appeal is 'an appeal presented against an acquittal' and the Court has discretion under s56A CJA to issue a warrant and to remand or admit to bail; s114(e) EA creates a rebuttable presumption of regularity of the warrant; exercising its discretion under s56A the Court granted bail of RM7…