Pendakwa Raya v 1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR

j-06alb-13-11-2023 Court of Appeal (Mahkamah Rayuan) 25 September 2025 • J-06A(LB)-13-11/2023 • 15 min read
2 cases cited (0 SG, 2 foreign)

Catchwords

whether the Court of Appeal can strike out a criminal appeal (Appeal) filed by the Public Prosecutor (PP) against an individual respondent (X) when : (a) the notice of appeal cannot be served on X; and (b) the PP does not apply to the Court of Appeal to withdraw the Appeal? (2) if the Court of Appeal has struck out the Appeal, does the Court of Appeal have the subsequent power to allow the PP’s application to reinstate the Appeal? (3) if the Court of Appeal reinstates the Appeal - (a) can the Court of Appeal issue a warrant to arrest X (Warrant) under s 56A of the Courts of Judicature Act 1964 (CJA)? (b) if the Warrant has been executed against X, can the Court of Appeal grant bail to X pending the disposal of the Appeal pursuant to s 56A CJA?

Judges (3)

Azmi bin Ariffin Coram Hayatul Akmal binti Abdul Aziz Coram Wong Kian Kheong Delivered

Counsel (6)

Attorney General's Chambers Firm Daim & Gamany Firm Iznina Hanim binti Hashim Counsel Prosecution Latheefa Koya Counsel Respondent Yu Ying Ying Counsel Respondent Zaid Malek Counsel Respondent

Parties (3)

Pendakwa Raya Appellant Haris Fadzilah bin Abu Bakar Respondent Noryati binti Abu Bakar Respondent

Statutes Cited

Courts of Judicature Act 1964
s 56A
Criminal Procedure Code
s 404(1)
Evidence Act 1950 (Cap 56)
s 114(e)
Penal Code (Cap 574)
s 34

Cases Cited (2)

UK (1)
[1980] AC 402
MY (1)
[1986] 2 MLJ 33

Judgment

Read the full judgment on the official Malaysia Courts portal.

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Source: eJudgment (j-06alb-13-11-2023)