HOBALAN N VELLO v. PP
HIGH COURT SABAH & SARAWAK, KOTA KINABALU
AMELATI PARNELL JC
[CRIMINAL CASE NO: BKI-45B-4-7-2021]
22 OCTOBER 2021

Abstract:
In allowing bail in a non-bailable offence under s. 302 of the Penal Code, for which the accused was charged, the court revisited the case of PP v. Dato' Balwant Singh, wherein the court stated, inter alia, that the seriousness of the offence could not be the dominant factor; the court ought to also consider the health condition of the accused person.

CRIMINAL PROCEDURE: Bail – Non-bailable offence – Charge under s. 302 of Penal Code – Whether accused person fell under category of sick and infirm person within proviso to s. 388 of Criminal Procedure Code to be granted bail – Whether prosecution proved accused to be of flight risk – Whether would tamper with witnesses if released on bail – Whether court should exercise discretion in allowing bail