Mohamed Dzaiddin J:

This is yet another application by way of Notice of Motion to this Court for stay of execution of the sentence pending hearing of the appeal. The applicant was charged for an offence under s. 4(a) of the Prevention of Corruption Act 1961,and at the conclusion of the case, the learned President, Sessions Court, Kuala Lumpur, convicted and sentenced him to three years' imprisonment. The applicant's Counsel then applied under s. 311 of the Criminal Procedure Code for a stay of execution pending appeal and that bail be granted until the outcome of the hearing of the appeal. The prosecution objected and the learned President accordingly disallowed the application.

I do not know the reason why the learned President has refused this application. The only conceivable reason I could think of was that she has imposed a prison sentence against the applicant. It is well settled that the granting of bail by the lower Court is a matter of discretion of the Magistrate or President concerned. However, it has been stated on numerous occasions that the considerations which should guide the Subordinate Courts in granting or refusing bail pending appeal in cases where a te