By Dorcas Ting
KUCHING, Jan 5: The High Court here today dismissed the prosecution’s revision application seeking to overturn bail granted to four men charged in connection with an alleged violent assault, ruling that the Sessions Court had exercised its discretion correctly.
High Court judge Faridz Gohim Abdullah, in exercising the court’s revisionary powers, agreed with the decision of Sessions Court judge Jason Juga, who had granted bail to all the accused offenders, together with additional conditions.
In his ruling, Justice Faridz set aside an earlier Sessions Court decision that had denied bail, thereby affirming that the bail order made by Judge Jason Juga was proper and should remain in force.
The revision application was filed by the Deputy Public Prosecutor (DPP), who challenged the grant of bail. However, the High Court found no error in law or principle that warranted interference with the Sessions Court’s decision.
The court held that the Sessions Court had correctly exercised its discretion in granting bail despite the offences being classified as non-bailable, noting that the conditions imposed were sufficient to address concerns over public safety, attendance at trial, and possible interference with witnesses.
The four accused, aged between 18 and 29, were earlier charged with participating in a violent attack involving kwang tao blades at a bistro along Jalan Lapangan Terbang here on Nov 1. Two victims, aged 32 and 19, sustained serious injuries in the incident.
They face two charges under Section 326 of the Penal Code, read together with Section 149, which carries a maximum sentence of up to 20 years’ imprisonment and may also include a fine or whipping upon conviction.
Previously, the Sessions Court granted each accused bail of RM20,000, with RM10,000 to be deposited, and secured by two local sureties with permanent employment and fixed addresses.
The court also imposed strict conditions, including monthly reporting to the nearest police station, surrender of passports, and a prohibition against contacting or harassing the victims or prosecution witnesses.
The High Court further observed that there was no evidence to suggest the accused had breached any bail conditions since their release, nor was there any new material presented by the prosecution to justify setting aside the bail order.
The case has been fixed for case management on Jan 9, 2026.
The accused were represented by Counsel Ralph Lee. — DayakDaily
