The High Court dismissed an application against the order of revocation of bail in the Magistrate’s Court on Tuesday.
Appellant Muhammad Mustaqim bin Haji Abdul Wahab was charged with the theft of a motorcycle on July 8, 2019.
DPP Sabrina binti Haji Mahmud applied for him to be further remanded until July 13, 2019 to facilitate further investigations.
Upon completion of investigations, he faced two additional charges of theft and attempted theft, to which he pleaded not guilty. Pending trial, he was released on court bail with conditions not to commit offences while on bail.
Sengkurong Police Station personnel arrested Muhammad Mustaqim on July 28 on suspicion of committing other offences. He was produced in the Magistrate’s Court on July 30 for allegedly committing theft and mischief, and remanded for further investigations. Upon completion of investigation, he pleaded not guilty and claimed trial.
The prosecution applied for his bail to be revoked as he was in breach of one of his bail conditions – to not commit offences while on bail.
Magistrate Dewi Norlelawati binti Haji Abdul Hamid revoked his bail and ordered him to be remanded pending the conclusion of trial.
Muhammad Mustaqim appealed in the High Court against the Magistrate’s decision in revoking his bail. In the High Court appeal, he submitted that he needed to be out on bail to take care of his parents and family.
DPP Sabrina, who appeared on behalf of the public prosecutor as the respondent in the appeal, submitted that the Magistrate’s was correct in revoking Muhammad Mustaqim’s bail as he was in breach of one of his bail conditions.
The respondent submitted that personal circumstances and hardship on the appellant’s family should not be taken into consideration and that his circumstances were not exceptional to justify and interfere in the magistrate’s order.
Having heard from both parties, Chief Justice Dato Seri Paduka Steven Chong agreed with the prosecution, by saying, “Bail was rightly revoked by the Magistrate’s since the appellant has been charged with offences allegedly committed while he was out on bail. There is, therefore, a risk that he will commit further offences if bail is granted.”
The Chief Justice dismissed the appeal after having heard from both parties.