The High Court has dismissed a man’s application for bail pending trial, finding that his propensity to reoffend and the strength of the prosecution’s case outweighed his family circumstances.
The ruling was delivered by Judicial Commissioner Muhammed Faisal PDJLD DSP Colonel (Rtd) Haji Kefli on August 1 in Criminal Motion No. 4 of 2026.
The Applicant, Mohamad Mohin bin Puspawari, faces a charge under section 456 of the Penal Code for housebreaking by night. He pleaded not guilty and had been denied bail by the Senior Magistrate on the basis that he was likely to commit further offences if released. A subsequent bail application was also refused.
Appearing in person, he cited his wife and two young children, his wife’s unemployment and his need to resolve documentation relating to his youngest child’s birth. He also submitted that remaining in remand would affect his ability to prepare for trial and pointed to previous compliance with bail conditions.
The prosecution,
DPP Abdul Musawwir Haji Awang Mahli, opposed bail, relying on his 2022 conviction for a similar offence, the fact that he was allegedly on bail in another matter when the present offence was committed, and a previous failure to report to police as required. It also submitted that the prosecution case was strong, relying on eyewitness evidence and the complainant’s apprehension of him at the scene.
The Court, referring to Moh Ting King v Public Prosecutor [1995] 3 MLJ 461 and Zulkifli bin Puasa & Ors v Public Prosecutor [1985] 1 MLJ 461, reiterated that the High Court should not lightly interfere with a lower court’s exercise of discretion unless it was shown to be erroneous.
Judicial Commissioner Muhammed Faisal found that the concerns over reoffending and the strength of the prosecution’s case weighed heavily against bail. While expressing sympathy for the Applicant’s family circumstances, the Court held that these hardships did not outweigh the reasons for continued detention.
The application was dismissed, and Mohamad Mohin was ordered to remain in remand pending the hearing of his case.